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Appendix A: Mitigation and Commitments

Resource Mitigation and Commitments

Land Use and Community Impacts

Mitigation Measure LU-1: Rail Alignment Design in One-Engine Inoperative Zones near McCarran Las 

Vegas International Airport

During the design-build process of Project plans in the vicinity of McCarran International Airport (LAS), the 

Applicant shall coordinate with the Federal Aviation Administration (FAA), the Clark County Department of 

Aviation (CCDOA), and airlines operating at the airport to avoid impacts to the one-engine inoperative 

zones and departure conditions under FAA standards. Consistent with Paragraph 6-3-1.b of FAA Order 

7400.2G, the Project shall not penetrate the 62.5:1 Obstruction Identification Surface (OIS) at LAS. The 

Applicant shall provide FRA with written verification of the agreement with the Manager of the FAA’s 

Flight Standards Division, Western-Pacific Region and the CCDOA prior to completion of Project designs 

for the affected portion of Segment 6B.

Mitigation Measure LU-2: Rail Alignment Design in Existing and Planned Runway Protection Zones

During the design-build process of Segment 5B in the vicinity of the proposed Southern Nevada 

Supplemental Airport, the Applicant shall comply with Federal Aviation Administration (FAA) Airport 

Design Standards, as specified in FAA Advisory Circular 150/5300-13, Airport Design, concerning land 

uses within designated Runway Protection Zones, and consult with the Manager of the FAA’s Airports 

Division, Western-Pacific Region to ensure compliance prior to construction. The Applicant is further 

advised to consult with FAA at the earliest opportunity in the design process.
Appendix A: Mitigation and Commitments

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Resource Mitigation and Commitments

Growth

Voluntary Mitigation Measure GRO-1: Voluntary Applicant Coordination with City of Barstow and San 

Bernardino County for Employment 

The Selected Alternative includes Victorville OMSF 2, which would be located less than 20 miles south of 

the City of Barstow. The Victorville OMSF will require hundreds of skilled railroad workers. The Applicant

will coordinate with the appropriate City of Barstow and San Bernardino County economic development 

departments to ensure job opportunities at the maintenance facility are made available to Barstow 

residents. 

In addition to permanent jobs during operations, preliminary planning has identified Barstow as a key 

location for staging and construction support services during the construction, testing, and commissions 

phases of the Project. The Applicant will work with the City of Barstow to ensure its residents are 

informed of job opportunities both during construction and operation of the Project. The Applicant will 

also work closely with the City of Barstow to identify appropriate and beneficial construction and staging 

activities to be located within the City. Additionally, the Applicant will work with the City to identify and 

jointly develop programs for job training and technical skills training to support the Project in all phases of 

design, construction, testing, and commissioning, and operations.

Voluntary Mitigation Measure GRO-2: Voluntary Applicant Coordination for Land Use Planning

The Applicant voluntarily commits to work with local land use planning authorities to encourage 

implementation of transit oriented and master planned development at the selected station site and 

surrounding areas; and will work with local transit providers to facilitate intermodal connections where 

practicable.

Farmlands and Grazing Lands

Mitigation Measure FAR-1: Direct and Indirect Conversion of Protected Farmland

Prior to beginning ground disturbance and construction that could indirectly affect farmlands in the vicinity 

of Newberry Springs the Applicant shall provide documentation of the acquisition of conservation 

easement(s) over agricultural lands of equal quality to mitigate for direct and indirect impacts related to 

the permanent conversion of protected agricultural lands (Prime Farmlands, Unique Farmlands, and 

Farmlands of Statewide and/or Local Importance). This conservation easement(s) shall provide for the 

conservation of agricultural uses in perpetuity, and be held in trust by a public agency or other appropriate 

entity. These easements shall be located within the limits of San Bernardino County. Lands to be placed 

under conservation easement shall be procured on a ratio of 1 acre for each 1 acre of protected farmland 
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Resource Mitigation and Commitments

converted directly or indirectly to non-agricultural use.

Farmlands and Grazing Lands, continued.

Mitigation Measure FAR-2: Livestock Access to Water

Prior to ground disturbance and construction of the Victorville Station and OMSF and Segment 4C the 

Applicant shall consult with the BLM’s range resource managers to determine if the Project will affect 

livestock access to water on grazing lands. If the BLM’s range resource managers determine that 

construction would block livestock access to critical water sources, the Applicant shall provide alternative 

water sources as approved by the BLM. Alternatively, the Applicant shall implement Mitigation Measure 

FAR-6.

Mitigation Measure FAR-3: Fencing and Gate Modifications

Prior to ground disturbance and construction of the Victorville Station Site and OMSF and Segment 4C,

the Applicant shall coordinate with the BLM’s range resource managers and permittees to locate range 

improvements that might require special attention when fencing or gates are modified. Gates that do not 

require removal shall be closed directly after construction traffic has passed though them. The Applicant

shall replace all range improvements damaged or removed during construction activities as determined 

necessary by the BLM.

Mitigation Measure FAR-4: Provide Adequate Cattle Access in Areas of the Joint NPS/BLM Grazing 

Allotment

Prior to ground disturbance and construction associated with Segment 4C, the Applicant shall incorporate 

into design-build plans for this Segment adequate cattle undercrossings to allow movement of cattle 

within the joint BLM/NPS grazing allotment. The location, number and design of the crossings shall be 

reviewed and approved by the General Manager of the Mojave National Preserve. Alternatively, the 

Applicant shall implement Mitigation Measure FAR-6.

Mitigation Measure FAR-5: Purchase Grazing Allotment

Prior to construction, the Applicant shall purchase the rights to the grazing allotment(s) directly affected by 

VV3, OMSF2, and Segment 4C and discontinue grazing activities if determined necessary, based on 

implementation of Mitigation Measure FAR-3 and Mitigation Measure FAR-5. The purchase of the rights 

and discontinuing of grazing activities shall be reviewed and approved by the BLM and the General 

Manager of the Mojave National Preserve, as appropriate.
Appendix A: Mitigation and Commitments

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Resource Mitigation and Commitments

Utilities/Emergency Services

Mitigation Measure UTIL-1: Payment of connection and or user/service/tipping fees

The Applicant shall bear the costs of any needed connections to utilities and service systems, as well as 

any usage fees, according to fee schedules as may be established by each utility/service system. Where 

such fees have not been established, the Applicant shall enter in development agreements with the 

controlling utility/service system. This shall also include fees associated with any required annexations to 

utilities or service districts.

Mitigation Measure UTIL-2: Minimize water usage through the incorporation of water saving devices 

wherever required or feasible; require drought-tolerant landscaping at all facilities

Regarding anticipated water usage in California, the Applicant, in coordination with the Victorville Water 

Department, shall prepare a Water Supply Assessment. Wherever feasible, the Applicant shall ensure 

that design-build plans incorporate low water usage practices, including in restrooms and landscaping. 

Low water usage practices for landscaping shall feature drought-tolerant and/or xeriscape plantings that

will minimize and/or avoid the need for any landscape watering.

Mitigation Measure UTIL-3: Obtain a water commitment from the Las Vegas Valley Water District during 

the design phase

Regarding anticipated water usage in Nevada, prior to construction of any facilities in Nevada, the 

Applicant shall obtain a water commitment from the Las Vegas Valley Water District (LVVWD). The 

LVVWD has indicated that anticipated water demand associated with the proposed action would not 

exceed regional projections. However, LVVWD will not provide any Applicant with an assurance of water 

availability until the Applicant obtains a “water commitment” from LVVWD to ensure that the proposed 

action would be served by enough water for usage and to meet fireflow requirements.

Mitigation Measure UTIL-4: Rail segments within freeway rights-of-way shall tie into existing freeway 

stormwater conveyance devices

In developing and refining design-build plans for the Project, the Applicant shall coordinate with the state 

transportation agencies in California and Nevada to ensure that Project rail alignments connect to existing 

stormwater discharge facilities. Along the I-15 corridor, stormwater is discharged from roadways and 

median areas primarily through culverts or natural and/or manmade channels. New rail segments within 

the freeway corridor will have the potential to generate additional stormwater requiring discharge. 

Wherever the addition of Project-generated stormwater would exceed the capacity of 
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Resource Mitigation and Commitments

Utilities/Emergency Services, continued.

Mitigation Measure UTIL-4, 

continued.

existing discharge facilities, the Applicant shall either fund the upsizing of existing facilities or create new 

facilities that comply with local stormwater regulations. The Applicant shall incorporate all such changes 

into design-build plans for the Project. 

Mitigation Measure UTIL-5: Develop appropriate stormwater conveyance structures/systems at station 

and maintenance facility sites, as well as points along railroad segments, where it is not possible to 

connect to existing systems

Where it is not possible to connect to existing systems, the Applicant shall coordinate with the local 

agencies to develop appropriate stormwater conveyance structures/systems in the areas of the proposed 

improvements. All of the components that comprise the Project have the potential to generate additional 

stormwater requiring discharge. The Applicant shall fund the development of facilities for the Project that 

comply with local stormwater regulations.

Mitigation Measure UTIL-6: Payment of impact fees for police, fire, and emergency services

The Applicant shall pay any appropriate development impact fees established by the affected agencies at 

the time the Applicant seeks a permit to construct to support the incremental demand for additional police, 

fire, and emergency services at proposed stations and maintenance facilities, as well as along rail 

alignments in times of emergencies, created by the Project. Where such fees have not been established, 

the Applicant shall enter in development agreements with the appropriate entities. 

Mitigation Measure UTIL-7: Develop a comprehensive emergency operations plan

The Applicant shall develop and implement an emergency preparedness plan that complies with the 

provisions set forth in FRA’s most current Guide to Developing a Passenger Train Emergency 

Preparedness Plan. This plan shall set forth protocols in the event of train derailments and other 

catastrophic events. The Applicant shall be responsible for conducting briefings and/or trainings on the 

plan with all appropriate employees, as well as with representatives of local first responders and 

transportation agencies. This may include a training of local first responders regarding proposed rail 

facilities, including train sets, any catenary structures, and other unique features. The plan shall set forth 

appropriate lines of communication in the event of emergency events. The plan shall specifically identify 

protocols in the event an emergency involving a train derailment and blockage of any freeway lanes, an 

emergency in the proposed tunnels within Segment 4C, and emergencies involving loss of locomotive 

power.
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Resource Mitigation and Commitments

Utilities/Emergency Services, continued.

Mitigation Measure UTIL-7, 

continued.

The Applicant shall file one copy of the proposed emergency preparedness plan with the FRA’s Associate 

Administrator for Railroad Safety/Chief Safety Officer not less than 45 days prior to commencing the 

passenger train service. The FRA will conduct a review of the proposed plan to determine whether the 

elements prescribed in 49 CFR 239 are sufficiently addressed and discussed in the proposed plan. The 

FRA must issue a final approval letter to the Applicant prior to opening services to the public.

Mitigation Measure UTIL-8: Avoid or minimize conflicts with existing utility infrastructure

The Applicant shall implement the measures listed below to avoid or minimize potential adverse effects to 

water, wastewater, communications, local gas pipelines, and other physical facilities that the proposed rail 

alignments and/or stations would cross. 

Water utilities: Protect pipelines/canals in place; span any crossings of open canals. 

Local natural gas distribution systems: Protect/encase pipelines in place; utilize alternating current

since the EMU locomotive option was selected.

Fiber optic/communications lines: Protect line, as appropriate

If the adjustment or relocation of any existing utility or pipeline or any permitted encroachment is 

unavoidable, the Applicant shall be responsible for all costs to the utility facility.

Additional mitigation for electrical transmission lines and major petroleum pipelines is provided below. 

Electrical transmission lines: Throughout the design-build process, the Applicant shall continue to 

coordinate closely with all electric utilities to ensure that design-build Project plans incorporate

requirements that may be set forth for development beneath electrical transmission lines. 

When grading activity affects access roads associated with the Los Angeles Department of Water and 

Power (LADWP) transmission line, the Applicant shall replace the affected access roads using the 

LADWP's Access Road Design Criteria.

Petroleum pipelines: Throughout the design-build process, the Applicant shall continue to coordinate with 

pipeline companies to ensure that design-build Project plans incorporate measures to encase/protect all 

pipelines as needed to minimize any possible conflict, including any possible concerns about stray 

electrical current.
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Resource Mitigation and Commitments

Traffic and Transportation

Mitigation TRAF-1: Victorville Station Site Option 3

The Applicant shall be responsible to contribute to these mitigations equal to their fair share of the 

adverse effect as determined by the appropriate jurisdictional authority (the California Department of 

Transportation, District 8; and/or the City of Victorville, and/or San Bernardino County):

 Intersection 1: I-15 Northbound Ramps/Dale Evans Parkway

• Opening Year: Add two northbound left turn lanes

• 2030: Add northbound left turn lane

 Intersection 2: I-15 Southbound Ramps/Dale Evans Parkway

• Opening Year: Add eastbound right turn lane

Add second westbound through lane

Add westbound left turn lane

• 2030: Add second eastbound right turn lane

 Intersection 3: Station Access #1/Dale Evans Parkway

• Opening Year: Signalize

Add second westbound left turn lane 

• 2030: N/A

 Intersection 5: Future Street/Dale Evans Parkway

• Opening Year: Signalize

Add second westbound left turn lane 

• 2030: Add third westbound left turn lane

 Intersection 7: Future Street/Station Access #4

• Opening Year: Signalize

• 2030: N/A

Mitigation TRAF-2: Las Vegas Southern Station

If the Las Vegas Southern Station is constructed, the Applicant shall be responsible to contribute to these 

mitigations equal to their fair-share of the adverse effect as determined by the appropriate jurisdictional 

authority (the Nevada Department of Transportation and/or Clark County): 
Appendix A: Mitigation and Commitments

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Resource Mitigation and Commitments

Traffic and Transportation, continued. 

Mitigation TRAF-2, continued.  Intersection 1: Tropicana/ Valley View

• Opening Year: Add exclusive southbound free right turn lane.

• 2030: Add exclusive westbound right turn lane.

Add second southbound left turn lane.

 Intersection 2: Tropicana/Dean Martin Drive-Industrial

• Opening Year: Optimize signal offset along Tropicana

• 2030: Add fourth eastbound through lane.

Add fourth westbound through lane.

 Intersection 3: Tropicana/I-15 NB Ramps

• Opening Year: N/A

• 2030: Add second northbound right turn lane.

 Intersection 6: Hacienda/Polaris

• Opening Year: Signalize this intersection.

• 2030: N/A

 Intersection 7: Hacienda/Valley View

• Opening Year: N/A

• 2030: Add second eastbound left turn lane.

Add exclusive eastbound right turn lane.

Add third eastbound through lane.

Add exclusive westbound right turn lane.

Add third westbound through lane.

Add second northbound left turn lane.

Add third northbound through lane.
Appendix A: Mitigation and Commitments

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Resource Mitigation and Commitments

Traffic and Transportation, continued. 

Mitigation TRAF-2, continued.  Intersection 8: Russell/Polaris

• Opening Year: Add exclusive westbound right turn lane.

Add exclusive northbound right turn lane.

Add southbound dual left turn lanes.

Add exclusive southbound right turn lane.

• 2030: Add third southbound left turn lane.

 Intersection 9: Russell/I-15 SB ramps

• Opening Year: Optimize signal offset along Russell Road

• 2030: N/A

 Intersection 10: Russell/I-15 NB ramps

• Opening Year: N/A

• 2030: Optimize signal offset along Russell Road

Mitigation TRAF-3: Las Vegas Central Station B

If the Las Vegas Central Station B is constructed, the Applicant shall be responsible to contribute to these 

mitigations equal to their fair-share of the adverse effect as determined by the appropriate jurisdictional 

authority (the Nevada Department of Transportation and/or Clark County):

 Intersection 1: W. Flamingo Road/Hotel Rio Drive

• Opening Year: Add fourth eastbound through lane.

Add second westbound left turn lane.

Add fourth westbound through lane.

Add second northbound right turn lane.

• 2030: Stripe existing northbound through lane as a share through/right turn lane.

 Intersection 3: W. Flamingo/I-15 NB ramps

• Opening Year: N/A

• 2030: Add fourth westbound through lane.
Appendix A: Mitigation and Commitments

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Resource Mitigation and Commitments

Traffic and Transportation, continued. 

Mitigation TRAF-3, continued.  Intersection 4: Hotel Rio Drive/Dean Martin Drive

• Opening Year: Modify eastbound right turn to have overlap phasing.

• 2030: Add second northbound left turn lane.

 Intersection 7: W. Tropicana Avenue/Dean Martin Drive

• Opening Year: Add exclusive eastbound right turn lane.

Add exclusive westbound right turn lane.

Add exclusive northbound right turn lane.

Add third southbound left turn lane.

• 2030: Add fourth eastbound through lane.

Add fourth westbound through lane.

 Intersection 9: Tropicana Avenue/I-15 NB Ramp

• Opening Year: N/A

• 2030: Add second northbound right turn lane.

Mitigation Measure TRAF-4: Conduct a Design Review within the Parameters Defined in the Highway 

Interface Manual

The Applicant shall coordinate with the State Departments of Transportation, FHWA division offices, and

FRA for the design review and approval of specific Project components within the existing I-15 right-ofway. The design review shall be conducted within the parameters defined in the Highway Interface 

Manual (incorporated in the Final EIS as Appendix F-B). The procedures for the design review shall be 

agreed to by the Applicant and transportation agencies in a separate agreement. 

The design review shall be used to determine the following:

 Permanent placement of visual barriers from a motorist perspective; 

 Need for standard highway work area traffic control measures both within and beyond the clear 

zone; and 

 Appropriate protocols for access to the railroad from I-15, for operations, maintenance, or 

operations, and to ensure the ability to meet codes.
Appendix A: Mitigation and Commitments

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Resource Mitigation and Commitments

Traffic and Transportation, continued. 

Mitigation TRAF-4, continued. Project components within the I-15 right-of-way that require approval by the highway agencies for traffic 

safety, and to avoid vehicle intrusion into the railroad right-of-way, include the following: 

 Clear zone modifications

 Barriers 

 Bridges and tunnels 

 Vertical clearance

 Retaining walls

 Drainage

 Median crossings

 Sight distance

 Security plans 

 Fencing

 Visual screening

 Locked-gate access

 Temporary construction access

 Freeway interchanges or ramps and modifications

 Signing and striping

 Emergency preparedness plans

Visual Resources

Mitigation Measure VIS-1: Rail Features

Per Mitigation Measure TRAF-4, the State Departments of Transportation, the FHWA division offices, and 

the FRA shall review the design of rail features within the I-15 freeway right-of-way. The Applicant shall

ensure that design-build Project plans include design rail features, including pillars, raised tracks, trains, 

catenary structures, crash barriers, and embankments to blend with or represent the surrounding desert 

environment. The Applicant shall create the features in muted desert colors and avoid bright colors and 

highly reflective materials. The Applicant shall define in the design-build process certain rail features to 

include visual treatments and/or elements that create a sense of place and a memorable 
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Resource Mitigation and Commitments

Visual Resources, continued

Mitigation Measure VIS-1, continued. experience for both motorists and pedestrians. Concrete shall be embossed with symbols or patterns, 

where appropriate, which create a visual link between rail features and the surrounding communities 

and/or the non-urbanized landscape. 

In coordination with the State Departments of Transportation, the FHWA division offices, and the FRA, 

design-build plans shall incorporate visual screening on the top of crash barriers along the entire rail 

corridor to mitigate any potential visual distraction to motorists from the trains and train lights. 

Coordination with the above agencies shall establish specific details regarding the type of screening and 

may also identify locations where such screening is not necessary and thus would not need to be 

included in design-build plans. 

Mitigation Measure VIS-2: Victorville Station Features

The Applicant shall ensure that design build plans for the Victorville Station and its associated elements, 

such as the parking garages and pedestrian walkways, incorporate architecture, muted colors, and 

landscaping that reflect the surrounding non-urbanized aesthetic. The landscaping plan shall include the 

use of drought resistant desert plants, gravel, and stone. Pedestrian elements such as pathways and 

portals in both the station building and the associated garages shall incorporate desert elements such as 

landscaping, muted colors, and the use of desert-related symbols and patterns. Signage shall be 

consistent with the scale and character of the site and surroundings and avoid the use of highly reflective 

materials or bright neon lights.

Mitigation Measure VIS-3: Maintenance Facility Features

The Applicant shall ensure that design build plans for the maintenance facilities in California and Nevada

are aesthetically appropriate for the surrounding non-urbanized landscapes through the use of muted 

colors and desert landscaping. The use of highly reflective materials shall be avoided. Concrete may be 

embossed with desert symbols and patterns.

Mitigation Measure VIS-4: Contour Grading

Where feasible, the design-build Project plans shall employ contour grading techniques to reduce the 

visual appearance of cuts and fill slopes. Grades, cuts, and fills shall be shaped so as to appear 

consistent and continuous with the natural landscape forms.
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Resource Mitigation and Commitments

Visual Resources, continued

Mitigation Measure VIS-5: Light and Glare Reduction

The Applicant shall ensure that design-build Project plans for lighting at stations and maintenance

facilities outside of the metropolitan Las Vegas area minimize disruption of the natural dark at night. The 

final lighting plan for these stations and maintenance facilities shall incorporate light and glare screening 

measures such as the use of plantings to screen well-lit areas, use of downward cast lighting, and the use 

of motion sensor lighting where appropriate.

Mitigation Measure VIS-6: Educational Displays 

Within California, the Applicant shall provide interpretive displays and artwork in station pedestrian areas 

in order to create a coherent pedestrian landscape and sense of place. Such displays shall be consistent 

with pertinent guidelines of the Desert Managers Group (a consortium of federal and state agencies). 

Mitigation Measure VIS-7: Construction Site Management

The Applicant shall maintain construction areas in an orderly manner, including proper containment and 

disposal of litter and debris to prevent dispersal onto adjacent properties or streets.

Mitigation Measure VIS-8: Construction Site Lighting

The Applicant shall ensure construction crews working at night direct any artificial lighting onto the work 

area to minimize the spillover of light or glare onto adjacent areas. Where feasible, construction lighting 

shall be screened from viewer groups - such as motorists on the freeway or residents in nearby towns 

and communities to prevent visible lighting overflow into the natural dark of the desert at night.

Mitigation Measure VIS-9: Visual Screening

The Applicant shall erect visual screening along construction areas as appropriate to ensure safety and 

minimize visual intrusions.

Mitigation Measure VIS-10: Freeway Landscaping

The Applicant shall replace landscaping that will be removed during construction as directed by the 

pertinent State Department of Transportation. Landscaping in Nevada along the I-15 freeway shall follow 

the Nevada Department of Transportation’s (NDOT’s) I-15 Landscape and Aesthetics Corridor Plan, 

2005. Replacement landscaping shall occur in the median, along the shoulder, and in other right-of-way 

areas along the I-15 freeway, as appropriate, within six months of the completion of construction. In 

accordance with the NDOT’s Landscape and Aesthetics Master Plan, up to three percent of the total 

construction cost of Nevada portions of the project may be allocated to landscape and aesthetic 
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Resource Mitigation and Commitments

treatments, with NDOT funding the consultant cost for landscape and design.

Cultural and Paleontological Resources

Mitigation Measure CR-1: Avoidance of Archaeological Resources

The Applicant shall attempt to avoid archeological resources through Project design, as determined 

feasible in coordination with FRA and BLM. Prior to determining whether avoidance is feasible however, 

it may be necessary to conduct test excavations to determine the vertical and horizontal extent of 

resources. Once avoidance can be assured, resource location information would be placed on 

construction drawings in design build plans as locations to be monitored throughout construction. If 

during monitoring it was determined that avoidance was infeasible then the process outlined below under 

Evaluation (Mitigation Measure CR-2) would be followed. 

Mitigation Measure CR-2: Evaluation

Prior to the commencement of ground disturbing activities, the FRA shall, in consultation with the 

cooperating agencies and with the Consulting Tribes, evaluate all cultural resources located within the 

Area of Potential Effect for the Selected Alternative for eligibility for listing in the National Register of 

Historic Places. With the exception of the expedited procedures outlined within the Programmatic 

Agreement developed for the Project (as set forth in Final EIS Appendix F-H), the FRA and the 

cooperating agencies will follow the provisions of 36 CFR §800.4(c). Evaluation methods and criteria 

shall be consistent with the Secretary of the Interior's Standards and Guidelines for Evaluation (48 

Federal Register 44729-44738) (36 CFR Part 63). 

To the extent practicable, the FRA shall make eligibility determinations based on inventory information. If 

the information gathered in the inventory is inadequate to determine eligibility, the FRA, through its 

contractors and subcontractors, shall conduct limited subsurface testing or other evaluative techniques to 

determine eligibility.

As needed, the FRA, in consultation with the signatories and other cooperating agencies, shall develop 

testing plans and consolidate all testing plans into one submission per state for concurrence by the 

appropriate State Historic Preservation Officer. 

Consistent with term III.B.7 of the Programmatic Agreement for the Project, the Applicant shall make all 

reasonable efforts to ensure that Native American monitor(s) designated by the Consulting Tribes are 

present during archaeological test excavation. 
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Resource Mitigation and Commitments

Cultural and Paleontological Resources, continued.

Mitigation Measure CR-3: Treatment

The FRA, in consultation with the cooperating agencies and the Consulting Tribes, shall develop one or 

more Historic Properties Treatment Plan(s) in accordance with the procedures outlined in Attachment D of 

the Programmatic Agreement for the Project (see Final EIS Appendix F-H). The FRA shall ensure 

mitigation for resources that are determined to be significant under National Register Criteria A, B, and C 

(36 CFR 60.4), such as the Historic American Buildings Survey/Historic American Engineering Record 

(HABS/HAER) program. The FRA shall follow the process outlined in the HPTP to conduct data recovery 

and any other appropriate mitigation. All archaeological work on National Register-eligible properties 

shall be conducted in accordance with “Treatment of Archaeological Properties: A Handbook” and 

“Archaeology and Historic Preservation: the Secretary of the Interior’s Standards and Guidelines.” 

Investigations shall be performed under the supervision of professionals whose education and experience 

meet or exceed the Secretary of the Interior’s “Professional Qualifications Standards.”

The FRA shall ensure that curation of records and other cultural materials resulting from identification and 

data recovery efforts on federal lands is handled in accordance with 36 CFR Part 79. All archaeological 

materials recovered from federal lands shall be curated in accordance with 36 CFR Part 79 in the 

repository/repositories indicated in the original permit.

No federal agency shall authorize access to lands or construction of any individual segment of the Project

until receipt of concurrence from the appropriate State Historic Preservation Officer that the mitigation 

efforts have met the terms of the Historic Properties Treatment Plan(s) and the Section 106 

responsibilities as described in the PA have been fulfilled for that segment. 

Mitigation Measure CR-4: Monitoring

Portions of the Area of Potential Effect for the Selected Alternative have been determined to have the 

potential for buried resources. During construction, and consistent with the terms of the PA, the Applicant

shall ensure Native American monitor(s) designated in consultation with the Consulting Tribes will be 

present within those sections identified in the Historic Properties Treatment Plan(s) as moderately to 

highly sensitive for prehistoric and historical archaeological deposits. The Historic Properties Treatment 

Plan(s) shall also outline the locations of monitoring, frequency and duration as well as the process to 

follow when monitoring results in an unanticipated discovery. Specifically, any unanticipated resources 

that are identified during monitoring shall be evaluated and treated in accordance with the requirements of 

the Historic Properties Treatment Plan(s) and the Programmatic Agreement for the Project (see Final EIS 

Appendix F-H). If human remains are discovered during monitoring, the regulatory requirements 
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Resource Mitigation and Commitments

described in Mitigation Measure CR-6 shall be followed.

Cultural and Paleontological Resources, continued.

Mitigation Measure CR-5: Preconstruction Meeting and Worker Awareness Training

The Applicant shall ensure that all persons meeting the Secretary of the Interior’s Professional 

Qualifications Standards who are supervising activities conducted as prescribed in the Programmatic 

Agreement for the Project (see Final EIS Appendix F-H) and all contracted field personnel, including 

construction workers, meet with one or more Consulting Tribes for a briefing on traditional customs and 

culturally sensitive protocols and procedures.

Mitigation Measure CR-6: Human Remains and Stop Work Requirement

As described in Stipulation III.G and Attachment E of the Programmatic Agreement for the Project (see 

Final EIS Appendix F-H), the FRA, in consultation with the cooperating agencies, Consulting Tribes, and 

the Applicant, shall develop a Native American Graves Protection and Repatriation Act Plan of Action 

(NAGPRA POA).

The Applicant shall ensure that if human remains are inadvertently discovered during archaeological 

investigation or construction activities, all ground disturbing activities will cease within 50 feet in all 

directions of human remains and the Applicant shall immediately notify FRA. The FRA will notify the 

appropriate parties in accordance with the NAGPRA POA. 

The Applicant and the FRA shall treat human remains and grave goods in accordance with all appropriate 

state or federal laws. If the remains are found on state or private land within California, the FRA shall 

ensure the requirements of Public Resources Code (PRC) 5097 are met. If human remains are identified 

on state or private land within Nevada, the FRA shall ensure the requirements of Nevada Revised 

Statutes (Section 383.160) and (Section 383.170) are met.

Mitigation Measure CR-7: Annual Reporting

Consistent with Administrative Stipulation IV.B of the Programmatic Agreement for the Project (PA; see 

Final EIS Appendix F-H), the Applicant shall submit to the FRA an annual report documenting the 

completion status of the stipulations outlined in the PA. The Annual Report shall include, at a minimum:

a. A list of all studies, reports, actions, evaluations, or monitoring reviewed or generated under the 

Stipulations of the PA.

b. Efforts to identify and/or evaluate potential historic properties, monitoring efforts, archaeological 

management assessments or research designs, and treatment of historic properties. 
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c. Any recommendations to amend the PA or improve communications among the parties. 

d. A discussion of any inadvertent effects to historic properties occurring during the course of the 

year. 

Cultural and Paleontological Resources, continued.

Mitigation Measure CR-7, continued. Consistent with the terms of the PA, the FRA shall ensure that the annual report is made available to the 

public and that members of the public are invited to provide comments to FRA, as well as to the Advisory 

Council on Historic Preservation and the State Historic Preservation Officers for California and Nevada.

Mitigation Measure CR-8: Quarterly Reporting

The Applicant shall prepare quarterly progress reports on the status of Project construction and submit all 

such reports to FRA. As lead agency, the FRA will be responsible for coordinating and submitting the 

report to Consulting Tribes (and, as necessary, cooperating agencies). The Quarterly report shall include, 

at a minimum, anticipated needs for Tribal representative monitors in the upcoming months.

Mitigation Measure CR-9: Further Evaluation of Geologic Units

Before ground-disturbing activities begin, the Applicant shall retain a qualified paleontologist as defined by 

the Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee (1995) or 

other appropriate personnel (e.g., California licensed professional geologist with appropriate experience 

and expertise) to conduct further literature review and discussion with subject area experts in order to 

resolve the paleontological sensitivity of any geologic units identified in the Final EIS as “undetermined” 

and the areas with strata of Holocene age exposed at the surface. If site-specific engineering geologic or 

geotechnical studies for the Project identify additional units likely to be affected by Project construction, 

they shall also be evaluated for paleontological sensitivity under this measure. 

This information shall be used to guide mitigation requirements on a site-specific basis during 

construction and during maintenance activities that require ground disturbance, as follows.

 Mitigation Measures CR-10, CR-11, and CR-12 shall apply to all ground-disturbing construction 

and maintenance activities. 

 Mitigation Measures CR-13 shall apply to all ground-disturbing construction activities that affect 

geologic units identified as highly sensitive for paleontological resources, and to all maintenance 

activities that would involve new or extended ground disturbance in highly sensitive units.

Mitigation Measure CR-10: Preconstruction Meeting and Worker Awareness Training

The Applicant shall ensure that all construction and maintenance personnel receive paleontological 
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resources awareness training that includes information on the possibility of encountering fossils during 

construction; the types of fossils likely to be seen, based on finds in the site vicinity; and proper 

procedures in the event fossils are encountered. 

Cultural and Paleontological Resources, continued.

Mitigation Measure CR-10, 

continued.

Worker training shall be prepared and presented by a qualified paleontologist as defined by the Society of 

Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee (1995) or other 

appropriate personnel (e.g., California licensed professional geologist with appropriate experience and 

expertise) experienced in teaching non-specialists. It may be delivered at the same time as other preplanned construction worker education, or it may be presented separately.

Mitigation Measure CR-11: Paleontological Monitoring

Full-time paleontological monitoring shall be conducted for all ground-disturbing activities in portions of 

the proposed rail alignment and facilities with substrate materials identified in the Final EIS as highly 

sensitive for paleontological resources. Full-time monitoring will also be required where Holocene 

materials overlie highly sensitive strata and site-specific investigations have identified the potential for 

Project activities to involve the underlying sensitive strata.

A trained paleontological monitor shall oversee all ground-disturbing activities that affect highly sensitive 

substrate materials, as identified in the EIS, including vegetation removal, site preparation, construction 

grading and excavation, and any drilling for piers or pilings. Paleontological monitoring shall consist of 

observing operations and periodically inspecting disturbed, graded, and excavated surfaces. The monitor 

shall have authority to divert grading or excavation away from exposed surfaces temporarily in order to 

examine disturbed areas more closely, and/or recover fossils. The responsible paleontologist shall 

coordinate with the construction manager to ensure that monitoring is thorough but does not result in 

unnecessary delays. 

If additional personnel are needed for effective monitoring, the responsible paleontologist may train other 

consultant or in-house staff in paleontological monitoring. Once training is complete, individuals trained by 

the qualified paleontologist may then monitor the proposed Project construction independently, and shall 

have the same responsibilities as described above.

Mitigation Measure CR-12: Stop Work Requirement

If fossil materials are discovered during any Project-related activity, including but not limited to Project

grading and excavation, all ground-disturbing work in the vicinity of the find shall stop immediately until 

the responsible paleontologist can assess the nature and importance of the find and recommend 
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appropriate treatment. Assessment shall occur in a timely manner, and recommendations for treatment 

shall be consistent with practices of the Society of Vertebrate Paleontology Conformable Impact 

Mitigation Guidelines Committee (1995). Treatment may include preparation and recovery of fossil 

materials so that they can be housed in an appropriate museum or university collection, and may also 

Cultural and Paleontological Resources, continued.

Mitigation Measure CR-12, 

continued.

include preparation of a report for publication describing the finds. If no report is required, the Applicant 

will nonetheless ensure that information on the nature, location, and depth of all finds is readily available 

to the scientific community. The responsible paleontologist and all paleontological monitors shall be 

empowered to temporarily halt or redirect the excavation equipment away from fossils to be salvaged.

Mitigation Measure CR-13: Fossil Recovery and Curation

If fossil materials are discovered during Project-related activities, the responsible paleontologist shall 

determine whether recovery and curation is warranted, and shall be empowered to confer with local area 

experts as needed to arrive at a determination. All materials warranting recovery shall be stabilized on 

the site and then salvaged consistent with currently accepted procedures and the prevailing standard of 

care for paleontological excavations. The responsible paleontologist shall coordinate with the construction 

manager to ensure that specimen recovery proceeds in a timely manner. 

Recovered fossils shall be prepared for identification consistent with currently accepted procedures and 

the prevailing standard of care. They shall then be identified by competent specialists, potentially 

including, but not necessarily limited to, the responsible paleontologist. If possible, identification shall 

include genus, species, and, if applicable, subspecies. If species-level identification is not feasible, the 

maximum feasible level of specificity shall be provided. The fossil assemblage shall then be analyzed by 

stratigraphic occurrence and any other applicable parameters, such as size, taxa present, and/or 

taphonomic conditions. A faunal list shall be developed. 

Any specimens (fossils) of paleontological significance found during construction shall be temporarily 

housed in an appropriate museum or university collection. If curation is required, the responsible 

paleontologist shall develop appropriate curation agreements, consistent with applicable protocols and 

the prevailing standard of care.

The responsible paleontologist shall prepare a final report that includes at least the following components: 

 Information on site geology and stratigraphy, including a stratigraphic column; 

 A description of field and laboratory methods; 

 A faunal list, with stratigraphy ranges/occurrences for each taxon; 
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 A concise discussion of the significance of the site and its and relationship to other nearby 

and/or similar fossil localities; 

 A list of references consulted during the Project, including published geologic maps for the site 

and vicinity; and

Cultural and Paleontological Resources, continued.

Mitigation Measure CR-13, 

continued.

 A complete set of field notes, field photographs, and any new geologic maps developed for or 

during the Project.

Full copies of the final report, including any appended materials, shall be put on file with any repository 

institution(s). Depending on the nature of the materials recovered, it may also be appropriate to prepare a 

report for publication in an appropriate peer-reviewed professional journal. Such publication shall be at 

the discretion of the responsible paleontologist.

Hydrology and Water Quality

Mitigation Measure HYD-1: Incorporate Site-Specific Permanent Water Quality Treatment Devices

To protect water quality the Applicant shall install permanent water quality treatment devices. Examples

of water quality best management practices (BMPs) may include a vegetated swale, traction sand traps, 

or settling basin to help remove sediments and nutrients. Such BMPs shall be sized properly and 

designed by a registered professional engineer and shall not allow untreated stormwater runoff to reach 

the Mojave River or any washes along the alignment, including those washes in the urbanized area of Las 

Vegas.

Mitigation Measure HYD-2: Implement Construction-Related Best Management Practices (BMPs)

The Applicant shall initiate construction activities with the installation of erosion control BMPs. Within 

design-build plans, the Applicant shall identify specifications of BMPs for grading and erosion control that 

are necessary to reduce erosion and sedimentation. These BMPs shall be selected to achieve maximum 

sediment removal and represent the best available technology that is economically achievable. Standard 

erosion control measures, such as management, structural, and vegetative controls, shall be 

implemented for all construction activities that expose soil. BMPs to be implemented as part of this 

mitigation measure may include, but are not limited to, the following measures:

Temporary erosion control measures that would apply to construction of the stations, maintenance 

facilities and the rail (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check 

dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) shall be employed to 

control erosion from disturbed areas. Grass or other vegetative cover shall be established on the 
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construction site as soon as possible after disturbance. Erosion in disturbed areas shall be controlled by 

grading so that direct routes for conveying runoff to drainage channels are eliminated. 

The general contractors and subcontractors conducting the work shall construct or implement, regularly 

inspect, and maintain the BMPs in design-build Project plans. Some methods of Construction BMPs for 

rail installation that shall be included in the Project are:

Hydrology and Water Quality, continued.

Mitigation Measure HYD-2, 

continued.

 Install erosion control material consisting of silt fences along the outside limits of construction on 

both sides of the disturbance corridor for track construction;

 Clear the construction area of brush and vegetation;

 Strip any topsoil and transport it to stockpile;

 Excavate material as required to extend any culverts using good quality material as fill and 

transport poor quality material to stockpile;

 Place quality fill material to establish the subgrade;

 Install the sub-ballast on the subgrade, composed of crushed rock that has sufficient strength to 

withstand settling from loads;

 Place standard rail ties, made of wood or concrete, on the sub-ballast, then place the rail on the 

ties, and anchor the rail to the ties;

 Bring in ballast and dump ballast rock between and along the sides of the track; and

 Use a tamper to raise the track and tamp the ballast beneath the ties.

Mitigation Measure HYD-3: Comply with the National Pollutant Discharge Elimination System (NPDES) 

Construction General Permit

The Applicant shall obtain coverage under the NPDES Construction General Permit. Most construction 

projects that disturb one acre of land or more are required to obtain coverage under the NPDES 

Construction General Permit, which required the property owner to file a Notice of Intent to discharge 

stormwater and to prepare and implement a stormwater pollution prevention plan (SWPPP). 

Implementing the requirements in the NPDES Construction General Permit will reduce or eliminate 

construction-related water quality effects. The Applicant shall ensure that construction activities comply 

with the conditions in this permit, which will require preparation of a stormwater pollution prevention plan 

(SWPPP), implementation of BMPs identified in the SWPPP, and monitoring to ensure that effects on 

water quality are minimized.
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The Applicant shall implement the SWPPP. The implementation of the SWPPP in design-build Project 

plans will reduce the likelihood that stormwater will carry any spilled contaminants to water channels and 

reduce construction related impacts. 

Hydrology and Water Quality, continued.

Mitigation Measure HYD-4: Implement Spill Prevention, Control, and Countermeasure Plan

Prior to beginning any construction activity, the Applicant shall develop a spill prevention, control, and 

countermeasure plan (SPCCP) to prevent accidental releases of chemicals that are stored on site and 

measures to use in the case of a spill. The BMPs described in this plan shall apply to construction 

activities and operation activities.

The Applicant shall implement appropriate hazardous material management practices identified in the 

SPCCP to reduce the potential for chemical spills or releases of contaminants, including any nonstormwater discharge to drainage channels. If a spill occurs, cleanup, containment, and response 

measures in the SPCCP shall be implemented by the Applicant.

The federal reportable spill quantity for petroleum products, as defined at 40 CFR 110, is any oil spill that 

(1) violates applicable water quality standards, (2) causes a film or sheen upon or discoloration of the 

water surface or adjoining shoreline, or (3) causes a sludge or emulsion to be deposited beneath the 

surface of the water or adjoining shorelines.

If a spill is reportable, a superintendent shall notify appropriate agencies and the contractor will need to 

take action to contact any other appropriate safety and clean-up crews to ensure the SPCCP is followed. 

A written description of reportable releases shall be submitted to the appropriate agency. This submittal 

shall include a description of the release, including the type of material and an estimate of the amount 

spilled, the date of the release, an explanation of why the spill occurred, and a description of the steps 

taken to prevent and control future releases. The release shall be documented on a spill report form.

Mitigation Measure HYD-5: Proper Design of Drainage Systems

Most of the rail segments would not result in a large amount of impervious surface that could concentrate 

and redirect stormwater flow causing onsite erosion. Runoff from the rail alignment would be captured 

and directed to existing designated drainage features. Where necessary, the Applicant shall redesign 

and resize the existing drainage facilities to accommodate the potential increase in runoff along the rail 

alignment. The rail alignment shall connect with and mirror the existing culverts along the I-15 freeway. 

Where the rail alignment deviates from the I-15 freeway, the Applicant shall install culverts at natural 

drainage features.
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However, the stations and maintenance facilities would have parking lots that could concentrate and 

redirect stormwater flows. In order to determine the adequate size of drainage facilities, the total increase 

in impervious surface of the design of the facilities shall be included in a Rational Method calculation (a 

way of calculating flow intensity) to determine the increase in peak storm discharges resulting from the 

Hydrology and Water Quality, continued.

Mitigation Measure HYD-5, 

continued.

Project. The 100-year, 24-hour storm event shall be used to determine the appropriate size of drainage 

facilities needed for the Project. Drainage facilities shall retain flows and not contribute to additional flows 

in the Mojave River or other streams and washes. This could be achieved with several detention basins.

Drainage facilities for both the rail alignment and station and maintenance facilities will need to be sized 

accordingly to handle adequate flow. It is important to note that when a culvert is used, the footprint of 

the rail will need to be reinforced with rip-rap, and the culvert will need to be large enough to handle the 

100-year 24-hour storm flow so on site flooding can be avoided. Other drainage features such as bridge 

crossings will need to be designed to not increase the size of the floodplain.

The Applicant shall create either a new ephemeral drainage or restore, where feasible, through the 

reestablishment of former ephemeral drainages to compensate for temporary construction impacts to 

waters of the US. 

In addition to all the above mitigation measures, the Applicant shall also be required to comply with all 

conditions and mitigation requirements that result from the CWA Section 404 permit and Section 401 

Certification.

Mitigation Measure HYD-6: Reduce Encroachment into the 100-Year Floodplain

When Project features are located within the 100-year floodplain, the Applicant shall elevate the base 

elevation of rail and stations, including maintenance facilities or relocate them within the facility footprint 

or APE to avoid any impact. Portions of the rail alignment may utilize track support columns that are 

located in the 100-year floodplain. Specific engineering plans and modeling, using Hydraulic Engineering 

Centers-River Analysis System (HEC-RAS), or similar, shall be completed by a registered professional 

during the design-build process. Design-build Project plans shall incorporate all feasible 

recommendations of the HEC-RAS analysis.

Mitigation Measure HYD-7: No Storage of Construction Equipment or Materials within the 100-Year 

Floodplain

The Applicant shall not store construction equipment or materials within the limits of influence that are 

located in areas of the 100-year floodplain so as to avoid redirecting 100-year flood flows that could cause 
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structural damage or pose a safety risk to workers.

Mitigation Measure HYD-8: Minimize Impact of OMSF 2 on Water Resources

During the design-build process for Segment 1, the Victorville OMSF tracks and facilities shall be 

designed by the Applicant to avoid or bridge over the two small washes that feed into the Bell Mountain 

Wash.

Hydrology and Water Quality, continued.

Mitigation Measure HYD-9: Minimize Impacts of Autotransformers 7 and 11 on Water Resources

During the design-build process for Segment 3, the Applicant shall locate autotransformers 7 and 11 

within the limits of influence to avoid Telephone Wash and Kali Ditch, respectively, and to avoid other 

water resources.

Mitigation Measure HYD-10: Minimize Impacts on Water Availability

The Applicant shall obtain water from existing commercially available water sources during construction. 

The Applicant shall not develop new groundwater wells or surface water impoundments without 

subsequent environmental review as well as federal, state and local permits as appropriate and legally 

required.

Geology and Soils

Mitigation Measure GEO-1: Surface Fault Rupture 

For Segments 1, 2C, and 3B, as well as all stations and facilities associated with these segments, the 

Applicant shall conduct a site-specific, detailed evaluation, which includes surface reconnaissance and 

subsurface assessment, which shall be performed by a qualified geologist. The Applicant shall 

incorporate recommendations of this evaluation in design-build Project plans. This evaluation shall be 

performed prior to construction so that, in the event a fault-rupture hazard exists, the Applicant can 

implement recommendations of the geologist in the design-build Project plans. 

Mitigation Measure GEO-2: Ground Shaking 

For all rail alignments and all facilities, the Applicant shall conduct a site-specific evaluation of the 

potential ground shaking hazard, which shall be performed by a qualified geologist. The evaluation shall 

be performed during design development and prior to construction so that appropriate structural design 

and mitigation techniques can be incorporated into the design-build Project plans. Evaluation techniques 

shall include drilling of exploratory borings, laboratory testing of soils, computer software analysis to 

develop seismic design parameters for use by the Project structural engineer. Recommendations of this 
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evaluation that avoid or minimize impacts related to seismic ground shaking shall be incorporated into 

design-build Project plans. The Applicant shall design structural elements of the rail system to resist or 

accommodate appropriate site-specific ground motions and to conform to the current seismic design 

standards. The Applicant shall also implement an earthquake early warning system as part of the Project. 

Geology and Soils, continued.

Mitigation Measure GEO-3: Liquefaction

For all rail alignments and all facilities, the Applicant shall conduct a site-specific evaluation of the 

potential liquefaction hazard, which shall be performed by a qualified geotechnical engineer during design 

development and prior to construction. This evaluation shall assess the liquefaction and dynamic 

settlement characteristics of the on-site soils and shall include drilling of exploratory borings, evaluation of 

groundwater depths, and laboratory testing of soils. The Applicant shall incorporate recommendations of 

this evaluation that avoid or minimize impacts related to liquefaction into design-build Project plans. 

Mitigation Measure GEO-4: Dam-Inundation

For Segments 1, 2C, and 3B, as well as all stations and facilities associated with these segments, the 

Applicant shall prepare a detailed hydrologic evaluation during design development and prior to 

construction. The evaluation shall be prepared by a qualified hydrologist to assess the risks and potential 

effects of inundation on Project improvements. The hydrologic evaluation shall identify potential dam 

inundation hazards at site-specific locations and identify corresponding design recommendations to be 

incorporated into design-build Project plans. 

Mitigation Measure GEO-5: Settlement 

For all rail alignments and all facilities, the Applicant shall conduct site-specific geotechnical evaluations, 

which shall be performed by a qualified geologist during the preliminary design phase of the Project to 

assess the settlement potential of the on-site natural soils and undocumented fill. Surface 

reconnaissance and subsurface evaluation shall be performed which addresses the potential settlement 

hazards. The evaluations shall include drilling of exploratory borings and laboratory testing of soils, in 

addition to surface reconnaissance to evaluate site conditions. Before construction commences, the 

Applicant shall implement recommendations of the geotechnical evaluation into design-build Project 

plans. 

Mitigation Measure GEO-6: Corrosive Soils 

For all rail alignments and all facilities, the Applicant shall conduct subsurface evaluation for corrosive 

soils. Evaluation of corrosive soil potential shall be accomplished by testing and analysis of soils at 
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design depths. Laboratory tests shall be conducted on the soils prior to construction and the results shall 

be reviewed by a qualified corrosion engineer. The qualified corrosion engineer shall prepare an 

improvement plan which shall include corrosion protection measures suitable to the Project elements. 

Geology and Soils, continued.

Mitigation Measure GEO-6, 

continued. 

The improvement plan shall include corrosivity tests to evaluate the corrosivity of the subsurface soils. 

Before construction commences, the Applicant shall implement recommendations of the improvement 

plan into design-build Project plans. 

Mitigation Measure GEO-7: Expansive Soils 

For all rail alignments and all facilities, the Applicant shall conduct site-specific subsurface evaluation(s), 

including laboratory testing to evaluate the extent of which expansive soils are present. The evaluations 

shall be performed by a qualified geologist. Where expansive soil conditions are found and would be 

detrimental to proposed improvements. Before construction commences, the Applicant shall implement 

measures recommended by the geologist into design-build Project plans.

Mitigation Measure GEO-8: Landslides 

For all rail alignments and all facilities in California and the Segment 5 rail alignment in Nevada, the 

Applicant shall further evaluate the potential for landslides and surficial slope failures along the proposed 

segments by conducting surface reconnaissance and subsurface evaluation, which shall be performed by 

a qualified geotechnical engineer during Project design. Surface reconnaissance shall include visual 

observation of the earth units and geomorphology and review of geologic maps to evaluate the condition 

of slopes relative to the alignment. Subsurface exploration shall be performed as recommended by the 

qualified geotechnical engineer to evaluate the potential for landslides and surficial slope failures. If 

necessary, subsurface evaluation shall include the excavation and detailed logging of exploratory 

trenches, test pits and/or borings as recommended by the qualified geotechnical engineer. Slope stability 

computer analyses shall be performed to address the stability of slopes where recommended by the 

qualified geotechnical engineer. Before construction commences, the Applicant shall implement 

measures recommended in the evaluation into design-build Project plans. 

Mitigation Measure GEO-9: Caliche/Hard Rock Excavation 

For all rail alignments and all facilities, the Applicant shall conduct a surface reconnaissance and 

subsurface evaluation, which shall be performed by a qualified geotechnical engineer to assess soil 

excavatibility. This evaluation shall include drilling of exploratory borings and/or test pits to evaluate 

ground conditions for excavation capability where recommended by the qualified geotechnical engineer. 
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Before construction commences, the Applicant shall implement measures recommended in the evaluation 

into design-build Project plans.

Geology and Soils, continued.

Mitigation Measure GEO-10: Shallow Groundwater 

For all rail alignments and all facilities, the Applicant shall assess groundwater conditions in the Project 

area, which shall be performed by a qualified geotechnical engineer. Before construction commences, 

the Applicant shall implement measures recommended in the evaluation into design-build Project plans, 

so that in the event shallow groundwater is detected or suspected, appropriate mitigation techniques 

would be implemented. 

Mitigation Measure GEO-11: Tunneling 

For Segment 4C, the Applicant shall perform excavations for underground structures (tunnels) with care 

to reduce the potential for lateral deflection of excavation sidewalls and/or shoring, which could also 

cause differential movement of structures located near the excavation. To reduce the potential for 

damage to improvements and structures resulting from dewatering operations, the Applicant shall monitor 

the ground surface and/or structures around the excavation for movement with a variety of 

instrumentation. If during the course of construction, the instrumentation detects ground movement that 

exceeds a pre-specified value, the Applicant shall stop work and the contractor’s methods shall be 

reviewed by a qualified geotechnical engineer and appropriate changes shall be made, if recommended 

by the geotechnical engineer. Typical monitoring methods include installation of ground survey points 

around the outside of the excavation to monitor settlement, placing monitoring points on nearby structures 

to monitor performance of the structures, and installation of inclinometers along the sides of the 

excavation to monitor lateral deflection of sidewalls. 

Mitigation Measure GEO-12: Ground Fissures 

For Segments 5B and 6B as well as all associated facilities, the Applicant shall engage a qualified 

geologist to conduct further evaluation for the potential for ground fissures. This evaluation shall include 

surface reconnaissance and visual observation of the earth units, manmade features and geomorphology, 

and review of geologic maps to evaluate the surface conditions relative to Project features. Before 

construction commences, the Applicant shall incorporate recommendations of the evaluation into designbuild Project plans. 
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Hazardous Materials

Mitigation Measure HAZ-1: Structures Built Prior to 1980

During the design-build process and prior to construction of Segment 6B and its related facilities, the 

Applicant shall conduct an evaluation of all buildings to be demolished to determine the presence of 

asbestos containing materials and lead based paint. Before demolition commences, the Applicant shall 

incorporate remediation consistent with the recommendations of these evaluations into design-build 

Project plans.

Mitigation Measure HAZ-2: Contaminated Soil and/or Groundwater

Prior to the start of demolition, grading, or construction, the Applicant shall prepare a soil monitoring plan

and incorporate the recommendations of this plan into design-build Project plans for implementation 

during all phases of construction. Disturbed soils shall be monitored for visual evidence of contamination 

(e.g., staining or discoloration). The Applicant shall monitor soil for the presence of volatile organic 

compounds (VOC) using appropriate field instruments such as organic vapor measurement with 

photoionization detectors (PIDs) or flame ionization detectors. If the monitoring procedures indicate the 

possible presence of contaminated soil, a contaminated soil contingency plan shall be implemented that 

shall include procedures for segregation, sampling, and chemical analysis of soil. The Applicant shall 

profile contaminated soil for disposal and transport with appropriate hazardous or non-hazardous waste 

manifests by a state-certified hazardous material hauler to a state-certified disposal or recycling facility 

licensed to accept and treat the type of waste indicated by the profiling process. The Applicant shall 

develop and implement a contaminated soil contingency plan during all construction activities. In the 

unlikely event that these processes generate any contaminated groundwater that must be disposed of 

outside of the dewatering/ National Pollutant Discharge Elimination System (NPDES) process, the 

Applicant shall be profile, manifest, haul, and dispose of groundwater in the same manner. 

Where conditions warrant a Phase II Environmental Site Assessment (ESA), the Applicant shall include 

the following in the ESAs:

 A work plan that includes the numbers and locations of proposed soil borings/monitoring wells, 

sampling intervals, drilling and sampling methods, analytical methods, sampling rationale, site 

geohydrology, field screening methods, quality control/quality assurance, and reporting methods. 

 A site-specific Health and Safety Plan (HSP) signed by a Certified Industrial Hygienist.

 Necessary permits for encroachment, boring completion, and well installation.

 A traffic safety plan.
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Hazardous Materials, continued.

Mitigation Measure HAZ-2, 

continued.

 Sampling program (fieldwork) in accordance with the work plan and HSP. Fieldwork shall be 

completed under the supervision of a geologist registered in the State of California and/or 

Nevada, as appropriate.

 Hazardous materials testing through a laboratory certified by California and/or Nevada.

 Documentation to include field procedures, boring logs/well diagrams, tables of analytical results, 

cross-sections, an evaluation of the levels and extent of contaminants found, and conclusions 

and recommendations regarding the environmental condition of the site and the need for further 

assessment. Recommendations may include additional assessment or handling of the

contaminants found though the contaminated soil contingency plan. If the contaminated soil 

contingency plan is inadequate for the contamination found, a remedial action plan shall be 

developed. Contaminated groundwater shall generally be handled though the 

NPDES/dewatering process.

 Disposal process including transport by a state-certified hazardous material hauler to a statecertified disposal /recycling facility licensed to accept/treat the identified waste.

Where contaminated groundwater is encountered, the Applicant shall obtain a NPDES permit prior to the 

issuance of a permit to construct. The NPDES permit shall specify site-specific testing and monitoring 

requirements and discharge limitations. 

Additionally, the Applicant shall review available agency files for moderate and high risk properties as 

identified in Final EIS Appendix F-K.1 prior to the commencement of demolition, grading, or construction. 

If the file review indicates a low likelihood of contaminants being present beneath or adjacent to a Project 

feature (rail alignment, station, maintenance facility, etc.), additional assessment/mitigation may not be 

recommended and the property could be reclassified as low risk.

Mitigation Measure HAZ-3: Previously Unidentified Hazardous Materials

Prior to the start of construction activities, the Applicant shall prepare a hazardous materials contingency 

plan addressing the potential for discovery of unidentified underground storage tanks, hazardous 

materials, petroleum hydrocarbons, or hazardous or solid wastes during construction. This contingency 

plan shall address underground storage tank decommissioning, field screening, and materials testing 

methods, mitigation and contaminant management requirements, and health and safety requirements. 

The Applicant shall incorporate the recommendations of this plan into design-build Project plans. 
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Hazardous Materials, continued.

Mitigation Measure HAZ-4: Hazardous Material Disposal

The Applicant shall dispose of all hazardous or solid wastes and debris encountered or generated during 

construction and demolition activities in accordance with all applicable federal regulations.

Mitigation Measure HAZ-5: Operational Generated Hazardous Materials

The Applicant shall prepare a Hazardous Materials Management Plan for all facilities that use, store, or 

dispose of hazardous materials. Facilities emitting toxic air emissions shall submit inventories and plans 

to the appropriate air quality management district and be subject to permitting and monitoring regulations 

of the district. The Applicant shall obtain all necessary local, state and federal permits for the installation 

and operation of any above or below ground chemical or fuel storage tanks prior to installing such tanks. 

Air Quality and Global Climate Change

Mitigation Measure AQ-1: Fugitive Dust Control Plan During Construction to Meet Mojave Desert Air 

Quality Management District (MDAQMD) Rule 403.2 Requirements

Prior to the commencement of construction of all rail alignments and facilities within the State of 

California, the Applicant shall implement the following control measures consistent with the MDAQMD 

Rule 403.2 (Fugitive Dust Control for the Mojave Desert Planning Area), including recordation of all 

measures into design-build Project plans: 

 Use periodic watering for short-term stabilization of disturbed surface area to minimize visible 

fugitive dust emissions. Use of a water truck to maintain moist disturbed surfaces and actively 

spread water during visible dusting episodes shall be considered sufficient to maintain 

compliance; 

 Take actions sufficient to prevent Project-related trackout onto paved surfaces; 

 Cover loaded haul vehicles while operating on publicly maintained paved surfaces; 

 Stabilize graded site surfaces upon completion of grading when subsequent development is 

delayed or expected to be delayed more than 30 days, except when such a delay is due to 

precipitation that dampens the disturbed surface sufficiently to eliminate visible fugitive dust 

emissions; 

 Clean up Project-related trackout or spills on publicly maintained paved surfaces within 24 hours; 

and
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Air Quality and Global Climate Change, continued.

Mitigation Measure AQ-1, continued.  Reduce nonessential earth-moving activity under high wind conditions. A reduction in earthmoving activity when visible dusting occurs from moist and dry surfaces due to wind erosion 

shall be considered sufficient to maintain compliance.

Mitigation Measure AQ-3: Fugitive Dust Control Plan during Construction to Meet Clark County 

Department of Air Quality and Environmental Management (DAQEM) Requirements

Prior to the commencement of construction of all rail alignments and facilities within the State of Nevada, 

consistent with Section 94 of Clark County Air Quality Guidelines, the Applicant shall compile a Dust 

Mitigation Plan that is consistent with measures identified in the DAQEM Construction Activities Dust 

Control Handbook (included by reference in Section 94 of the Clark County Air Quality Regulations) and 

Desert Tortoise protective measures, and a Dust Control Permit shall be secured from the DAEQM. The 

Dust Control Plan may include the following measures, among other measures, all of which shall be 

incorporated into design-build Project plans: 

 Use periodic watering for short-term stabilization of disturbed surface area to minimize visible 

fugitive dust emissions; 

 Take actions sufficient to prevent Project-related trackout onto paved surfaces; 

 Cover loaded haul vehicles while operating on publicly maintained paved surfaces; 

 Stabilize graded site surfaces upon completion of grading when subsequent development is 

delayed or expected to be delayed more than 30 days, except when such a delay is due to 

precipitation that dampens the disturbed surface sufficiently to eliminate visible fugitive dust 

emissions; 

 Clean up Project-related trackout or spills on publicly maintained paved surfaces within 24 hours; 

and

 Reduce nonessential earth-moving activity under high wind conditions.

Mitigation Measure AQ-5: Utilize additional means to reduce construction period emissions of air 

pollutants. 

The Applicant shall integrate the following control measures into design-build Project plans: 

 All off-road internal-combustion engine construction equipment shall be Tier-4 certified by the 

United States Environmental Protection Agency.

 All signal boards shall be solar-powered.
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Air Quality and Global Climate Change, continued.

Mitigation Measure AQ-5, continued.  All architectural coatings products shall contain no more than 250 grams of volatile organic 

compounds (VOC) per liter of coating (2.08 pounds per gallon). 

 For all work conducted within Clark County, only the following fuels shall be used to power offroad equipment:

• A composite fuel blend consisting of at least 20 percent biodiesel.

Noise and Vibration

Mitigation Measure NV-1: Noise Barriers

The Applicant shall install noise barriers at least four feet in height along the at grade portions of the rail 

alignment and on the elevated structures to reduce severe noise impacts. The noise barriers shall be 

installed prior to the commencement of train operations along the rail alignment to reduce adverse noise 

effects.

This is a common approach to reducing noise impacts from surface transportation sources. The primary 

requirements for an effective noise barrier are that (1) the barrier must be high enough and long enough 

to break the line-of-sight between the sound source and the receiver, (2) the barrier must be of an 

impervious material with a minimum surface density of four pounds per square foot and (3) the barrier 

must not have any gaps or holes between the panels or at the bottom. Because numerous materials 

meet these requirements, the selection of materials for noise barriers is usually dictated by aesthetics, 

durability, cost and maintenance considerations. 

The Applicant shall install noise barriers meeting the above criteria at the locations identified in the Final 

EIS (A list of these locations was provided as Final EIS Table F-3.12-5; an illustration of the locations of 

these barriers was provided in Final EIS Figures F-3.12-1 through F-3.12-3). 

Mitigation Measure NV-2: Location of Crossovers or Special Trackwork at Crossovers

To reduce severe noise impacts, the Applicant shall locate crossovers away from residential areas where 

feasible, or use spring-rail or moveable point frogs in place of standard rigid frogs at turnouts where 

relocation of crossovers is not feasible. Because the impacts of wheels over rail gaps at track crossover 

locations, or turn-outs for passing tracks, increases vibration by about 6 dBA, crossovers are a major 

source of vibration noise impact when they are located in sensitive areas. If crossovers cannot be 

relocated away from residential areas, another approach is to use spring-rail or moveable point frogs in 
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Noise and Vibration, continued.

Mitigation Measure NV-2, continued. place of standard rigid frogs at turnouts. These devices allow the flangeway gap to remain closed in the 

main traffic direction for revenue service trains. The Applicant shall incorporate these measures into 

design-build Project plans. 

Mitigation Measure NV-3: Building Sound Insulation

Where sensitive receptors would be dispersed or limited in nature, the Applicant may choose to install 

building sound insulation rather than implementing noise barriers defined under Mitigation Measure NV-1

to mitigate severe noise impacts. Sound insulation to improve the outdoor-to-indoor noise reduction has 

been widely applied around airports and has seen limited application for rail Projects. Although this 

approach has no effect on noise in exterior areas, it may be the best choice for sites where noise barriers 

are not feasible or desirable, and for buildings where indoor sensitivity is of most concern. Substantial 

improvements in building sound insulation (on the order of 5 to 10 dBA) can often be achieved by adding 

an extra layer of glazing to the windows, by sealing any holes in exterior surfaces that act as sound leaks, 

and by providing forced ventilation and air-conditioning so that windows do not need to be opened.

Mitigation Measure NV-4: Property Acquisitions or Easements

Where sensitive receptors would be dispersed or limited in nature, the Applicant may choose to 

implement property acquisitions or easements rather than Mitigation Measure NV-1 to mitigate severe 

noise impacts. The Applicant may purchase residences likely to be impacted by train operations or to 

acquire easements for such residences by paying the homeowners to accept the future train noise 

conditions. These approaches are usually taken only in isolated cases where other mitigation options are 

infeasible, impractical, or too costly.

Mitigation Measure NV-101

The Applicant shall develop specific residential property line noise limits that comply with applicable local 

noise regulations to the extent feasible during the design-build process, include these noise limits in the 

construction specifications for the Project, and perform noise monitoring during construction to verify 

: Construction Noise and Vibration Measures

 

1 Note: Mitigation Measures NV-5 through NV-9, initially identified in the Draft EIS, applied only to a locomotive technology option (diesel-electric 

multiple unit or DEMU) that was not included in the Selected Alternative. Accordingly, mitigation specific to the DEMU technology is not included 

here. 
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Noise and Vibration, continued.

Mitigation Measure NV-10, 

continued.

compliance with the limits. This approach allows the contractor flexibility to meet the noise limits in the 

most efficient and cost-effective manner. Noise control measures that would be applied as needed to 

meet the noise limits include the following:

 Avoiding nighttime construction in residential neighborhoods.

 Using specially quieted equipment with enclosed engines and/or high-performance mufflers.

 Locating stationary construction equipment as far as possible from noise-sensitive sites.

 Constructing noise barriers, such as temporary walls or piles of excavated material, between 

noisy activities and noise-sensitive receivers.

 Re-routing construction-related truck traffic along roadways that will cause the least disturbance 

to residents.

 Avoiding impact pile driving near noise-sensitive areas, where possible. Drilled piles or the use 

of a sonic or vibratory pile driver are quieter alternatives where the geological conditions permit 

their use. If impact pile drivers must be used, their use will be limited to the periods between 

8:00 AM and 5:00 PM on weekdays.

With the incorporation of the appropriate noise mitigation measures, impacts from construction-generated 

noise should not be adverse. To provide added assurance, the Applicant shall institute a complaint 

resolution procedure to rapidly address any noise problems that may develop during construction.

Energy

None required.

Biological Resources

Desert Tortoise-Specific Measures from the Biological Opinion

Mitigation Measure DT-1: Prior to the commencement of grading activities, the Applicant shall ensure all 

personnel working within the Project area attend an environmental awareness training program. The 

program will be presented by biologists authorized by the United States Fish and Wildlife Service

(hereafter “authorized biologists”) and include information on the life history of the desert tortoise, the 

legal protection it is afforded by the Endangered Species Act, the definition of take for listed species, 

measures to protect the desert tortoise, reporting requirements, specific measures that each worker will 
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Resource Mitigation and Commitments

Biological Resources, continued.

Mitigation Measure DT-1, continued. need to employ to avoid adverse impacts on desert tortoises, a detailed description of environmental 

Project commitments as described in the decision records (i.e., record of decision), right-of-way grants, 

and biological opinion, and penalties for violation of federal and state environmental laws.

Mitigation Measure DT-2: The Applicant shall ensure an authorized biologist will be on site during any 

construction activity within or near desert tortoise habitat to ensure the implementation and compliance of 

environmental commitments and avoidance measures.

Mitigation Measure DT-3: The Applicant shall ensure the authorized biologists have the authority to stop 

work if dangers to desert tortoises arise, and to allow work to proceed after the hazard has been 

removed. The Applicant shall notify the Southern Nevada and Ventura United States Fish and Wildlife 

Offices, BLM Offices, and the California Department of Fish and Game of any desert tortoise injury or 

death resulting from Project-related activities.

Mitigation Measure DT-4: The Applicant shall ensure, as part of the monitoring, that an authorized 

biologist checks construction areas immediately before construction activities each day to ensure that no 

desert tortoise has moved into the construction area. If desert tortoises are discovered within the 

construction area, the authorized biologist shall relocate the desert tortoises to adjacent habitat 

approximately 300 feet from the limit of disturbance (i.e., beyond the 162.5-foot temporary construction 

area).

Mitigation Measure DT-5: The Applicant will ensure the authorized biologists properly implement 

protective measures, records and reports desert tortoise and sign observations in accordance with 

approved protocol, reports incidents of noncompliance in accordance with the biological opinion and other 

relevant permits and authorizations, and moves desert tortoises from harm‘s way and place these animals 

in adjacent habitat approximately 300 feet of the limit of disturbance.

Mitigation Measure DT-6: The Applicant shall confine all construction activities to the designated work 

areas. Grubbing of vegetation will only be done to the extent necessary for construction and will be limited 

to areas designated for that. Overnight parking and storage of equipment and materials will be limited to 

previously disturbed areas or areas identified in the BLM right-of-way grant.

Mitigation Measure DT-7: The Applicant shall restrict all vehicle traffic to existing paved roads and the 

Project alignment within the permanent or temporary construction area. Disturbance beyond the 

construction area would be prohibited except in emergency situations.
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Biological Resources, continued.

Mitigation Measure DT-8: The Applicant shall not allow speeds in excess of 15 miles per hour for 

construction vehicles within sensitive species habitat.

Mitigation Measure DT-9: The Applicant shall implement a litter-control program during construction. The 

program will include the use of covered, common raven-proof trash receptacles, daily removal of trash 

from work areas to the trash receptacles, and proper disposal of trash in a designated solid waste 

disposal facility. Precautions will also be taken to prevent trash from blowing out of construction vehicles.

Mitigation Measure DT-10: The Applicant will promptly remove all road-killed animals within the Project

construction area and the permanent rail alignment to reduce the adverse effects associated with 

predation of desert tortoise by common ravens (Corvus corax).

Mitigation Measure DT-11: The Applicant will not permit pets or firearms in the work area.

Mitigation Measure DT-12: The Applicant shall take both pre- and post-construction photographs to 

document sensitive habitat conditions within the limits of Project disturbance.

Mitigation Measure DT-13: During construction, the Applicant will perform weekly inspections and weed 

removal/control during the growing season of all construction areas, rail alignment, and facilities. 

Following the completion of construction activities, from March through August, the Applicant will continue 

monitoring and removal monthly during the first 2 years of operation and quarterly for the life of the 

facility. Weed removal and control will consist of physical control methods (e.g., hand pulling, hoeing, etc.) 

or herbicide application. A provision of this measure requires preparation of an invasive weed monitoring 

and treatment plan that would be applicable to all lands affected by the proposed action. This weed 

control plan will be developed in cooperation with FRA and BLM to ensure that weed control and removal 

activities do not affect desert tortoises. The use of herbicides to control weeds within the Project

construction and operation area will be coordinated with biologists of the BLM, the California Department 

of Fish and Game, and the Nevada Department of Wildlife to ensure the application does not affect desert 

tortoises. In instances where desert tortoises may come into contact with herbicide, the plan will require 

manual removal of individual plants. The FRA will ensure the same methods and caution will occur on 

lands within the action area that are outside of those managed by the BLM.
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Resource Mitigation and Commitments

Biological Resources, continued.

Mitigation Measure DT-14: The Applicant shall develop and implement a vegetation and topsoil removal 

and restoration plan to reduce impacts on biological resources. The plan shall include a requirement for 

the Applicant to remove and stockpile construction area topsoil prior to initiating construction and replaced 

within areas of temporary disturbance once construction is complete. Any permanent topsoil stabilization 

measures will be constructed and maintained within the permanent right-of-way. These measures may 

include, but are not limited to, the use of geo-textile mats or rip-rap to in areas of high erosion potential.

Mitigation Measure DT-15: The Applicant shall install and maintain rice wattles, straw wattles, and silt 

fencing along all construction areas to prevent sediment from being transported off of the right-of-way 

during construction. The Applicant shall employ permanent stabilization measures upon completion of 

construction along washes and in other areas of potential erosion.

Mitigation Measure DT-16: To minimize adverse effects to the desert tortoise, the Applicant will fence the 

boundary of the Victorville Passenger Station and the Victorville OMSF with permanent desert tortoise 

exclusion fencing. The Applicant shall install desert tortoise guards at gated entries to prevent desert 

tortoises from gaining entry to the Project sites. The Applicant shall also fence the TCAs, the Baker MOW

facility, autotransformers sites and substations, the construction areas for the utility corridors, and the rail 

alignment‘s temporary construction area, with temporary desert tortoise fencing prior to clearance surveys 

and ground disturbance. Proposed construction sites along the alignment that are not located in desert 

tortoise habitat (i.e., within Barstow, Baker, and Las Vegas) will not be fenced.

Mitigation Measure DT-17: To ensure the clearance of all desert tortoises from all potential habitat areas, 

the Applicant shall conduct clearance surveys using service-authorized desert tortoise biologists as 

required by the Service.

Mitigation Measure DT-18: The Applicant shall include the installation of temporary desert tortoise 

fencing around the perimeter prior to the commencement of on-site construction as part of desert tortoise 

relocation from the Project area. Installation of the fencing will be monitored by an authorized biologist to 

ensure that desert tortoises are not killed or injured during this activity. Temporary desert tortoise fencing 

will be installed in areas of construction that are beyond the perimeter of the right-of-way or in areas 

where construction staging will occur. Desert tortoise guards will be installed at construction area entry 

points and permanent rail alignment maintenance access points. After installation, the fence will be 

regularly inspected to ensure its integrity. The Applicant will ensure that cross-country travel for 
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Resource Mitigation and Commitments

construction purposes outside of the areas of desert tortoise fencing is prohibited.

Biological Resources, continued.

Mitigation Measure DT-19: In areas where high vehicular construction traffic is expected (such as TCAs), 

desert tortoise exclusionary fencing may require the supplemental use of a desert tortoise guard. 

Locations of such guards will be determined by an authorized biologist. This device resembles a cattle 

guard and is positioned at ground level and connected to the exclusionary fencing to prohibit desert 

tortoise from crossing into the construction area but allowing the passage of construction vehicles. The 

guard would be maintained throughout its use during the construction process by the Applicant. Such 

maintenance would require the presence of an authorized desert tortoise biologist. The guard would have 

a clear escape route away from construction activity for any desert tortoise that should fall into the guard. 

The guard would be inspected daily for desert tortoise and to ensure the escape route is free of 

obstruction. The guard would also be cleared of debris that may allow desert tortoise passage across the 

guard and into a construction area.

Mitigation Measure DT-20: The Applicant shall ensure only biologists authorized by the Service will 

handle desert tortoises and follow the guidelines within the Desert Tortoise Field Manual. Desert tortoises 

found within the Project area will be removed and relocated to undisturbed suitable habitat beyond the 

construction site and within their own territory, where they may be familiar with alternate burrows. If no 

burrows are available, the Applicant shall create artificial burrows following the guidelines within the 

Desert Tortoise Field Manual.

Mitigation Measure DT-21: After installation of the temporary fencing, the Applicant shall survey the 

entire Project area for desert tortoises. The survey shall be conducted by an authorized biologist. 

Following the procedures and precautions outlined in the Desert Tortoise Field Manual, all desert tortoise 

pallets and burrows within the survey areas will be examined and excavated by hand, either by or under 

the direct supervision of an authorized biologist, and collapsed to prevent re-entry.
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Resource Mitigation and Commitments

Mitigation Measure DT-22: The Applicant shall ensure an authorized biologist will be present during all 

initial top soil removal, blading, or grading activities within the Project area. During Project

implementation, the Applicant shall ensure all workers will inform the authorized biologist if a desert 

tortoise is found within or near Project areas. All work in the vicinity of the desert tortoise, which could 

injure or kill the animal, will cease and it will be observed until it is moved from harm‘s way by the 

authorized biologist.

Biological Resources, continued.

Mitigation Measure DT-23: Workers will inspect for desert tortoises under vehicles and equipment before 

such equipment is moved. If a desert tortoise is present, the worker will wait for it to move out from 

underneath the vehicle or the authorized biologist will be contacted to remove it.

Mitigation Measure DT-24: The Applicant will replace any previously installed permanent desert tortoise 

exclusionary fencing along Interstate 15 that is removed during Project construction.

Mitigation Measure DT-25: The Applicant shall implement minimization measures for potential impacts to 

downstream habitat from Segment 4C (if constructed), which may include the use of tunnels, aerial 

crossing structures, at-grade overcrossing structures, and culverts. At a minimum, the Applicant shall 

avoid all ephemeral drainages equal to or greater than 4 feet wide with these types of structures. Where 

tunnels and aerial crossing structures would be used, drainages less than 4 feet in width would also be 

avoided. If support piles or piers are necessary to support over crossing structures these structures would 

be located outside of the drainage being over crossed. Authorized biologists would be present during 

construction to ensure impacts to drainages are avoided or, where an impact is unavoidable, ensure the 

impact is minimized and the natural substrate of the drainage that has been disturbed is re-established to 

original grade and with natural substrate materials within the drainage channel. In addition to the 

ephemeral drainages over crossed, drainages established (created) or re-established as part of the 

Project‘s compensatory mitigation for replacement of affected waters of the United States or State of 

California would be monitored by an agency-approved biologist for a minimum of 5 years to ensure that 

agency-approved performance standards are met.
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Mitigation Measure DT-26: In addition to habitat restoration, the Applicant will compensate for habitat 

disturbance through payment of a per-acre fee for disturbance of desert tortoise habitat in California and 

Nevada. These funds will be paid to the BLM and used for management actions expected to provide a 

benefit to the desert tortoise over time. Actions may involve habitat acquisition, population or habitat 

enhancement, increasing knowledge of the species’ biological requirements, reducing loss of individual 

animals, documenting the species’ current status and trends, and preserving distinct population attributes. 

Specific actions to be funded will be determined during annual meetings between the BLM and the United 

States Fish and Wildlife Service to identify and prioritize management actions, which may include 

implementation of range wide monitoring of desert tortoises.

Biological Resources, continued.

Terms and Conditions of the Biological Opinion Specific to Desert Tortoise

Mitigation Measure DT-27: To ensure that the measures proposed by the FRA and the Applicant are 

effective and are being properly implemented, the FRA or the Applicant must contact the United States 

Fish and Wildlife Service (USFWS) immediately if it becomes aware that a desert tortoise has been killed 

or injured by Project activities. At that time, the Applicant, in coordination with the FRA, must review the 

circumstances surrounding the incident with the USFWS to determine whether additional protective 

measures are required. Project activities may continue during the review, provided that the proposed 

protective measures in the Project description and any appropriate terms and conditions of this biological 

opinion have been and continue to be fully implemented. 

If five desert tortoises are injured or killed as a result of construction of the Project, the FRA shall reinitiate consultation on the Project, pursuant to the implementing regulations for section 7(a)(2) of the 

Endangered Species Act at 50 Code of Federal Regulations 402.16. 

Mitigation Measure DT-28: If two desert tortoises are injured or killed as a result of operation and 

maintenance of the Project in any calendar year, the FRA shall re-initiate consultation on the Project, 

pursuant to the implementing regulations for section 7(a)(2) of the Endangered Species Act at 50 Code of 

Federal Regulations 402.16. 

Mitigation Measure DT-29: The Applicant shall monitor, during construction and operation, the integrity of 

all desert tortoise exclusion fencing on a regular basis and following any rain events that result in surface 

flow of water in washes within the action area.

Mitigation Measure DT-30: The Applicant shall use culverts that allow effective passage of desert 

tortoises but are large enough that desert tortoises are unlikely to use the culverts as burrows. The United 
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States Fish and Wildlife Service has estimated that any box culvert must be 3 feet on a side and pipe 

culverts 3 feet in diameter and recommends that box culverts be used because desert tortoises are less 

likely to use them as burrows. At a minimum, culverts would need to be large enough. The Applicant shall

ensure regular maintenance of the culverts so desert tortoises do not use accumulated debris to construct 

burrows. If a culvert under the rail line is tied to an existing culvert under Interstate 15 or the Union Pacific 

Railroad, the Applicant, with approval from the FRA, may forego these specifications if they are 

incompatible with the existing culverts. 

Mitigation Measure DT-31: The Applicant shall use culverts that will not entrap desert tortoises or block 

their passage. Specifically, all erosion control devices must be constructed and maintained in a manner 

that allows desert tortoises to enter and leave them freely. 

Biological Resources, continued.

Mitigation Measure DT-32: The Applicant shall install a sufficient number of culverts in Segment 2C

where it deviates from Interstate 15 (excluding on the dry lake bed), to ensure any desert tortoise whose 

home range occurs across the action area could continue to access both sides easily. In general, the 

distance between culverts must be no greater than 0.25 mile unless topography is an obstacle. 

Mitigation Measure DT-33: The Applicant shall ensure authorized biologists survey areas that could 

become isolated from the main body of habitat where the alignment deviates slightly from the freeway 

(e.g., at off-ramps). If desert tortoises are present and construction of the Project may disrupt their 

behavior or if a culvert or other access to the main body of habitat does not exist or will not be provided, 

the authorized biologist must relocate them to the side of the rail line that is adjacent to the main body of 

habitat. In any event of uncertainty, the authorized biologist must contact the Service for guidance prior to 

moving the desert tortoise; during this time, the authorized biologist may install fencing around the area of 

the desert tortoise‘s burrow so he or she may find it again. 

Mitigation Measure DT-34: The Applicant shall design all new utility lines and ancillary structures 

associated with the Project in a manner that will reduce the likelihood of nesting by common ravens. The 

Applicant, as appropriate, must monitor these utility lines and ancillary structures to ensure the 

effectiveness of their measures and implement adaptive management, in coordination with the Service, if 

the initial measures are unsuccessful. The Applicant must ensure that any common ravens nests 

established on new utility lines and ancillary structures are removed within one year at a time when they 

are inactive.

Mitigation Measure DT-35: During construction of the Segment 4C rail line (if constructed), if desert 
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tortoises that have been translocated from the Ivanpah solar plant site need to be moved from harm‘s 

way, the Applicant shall coordinate their capture and movement with the BLM to ensure that the health 

and welfare of these animals is not compromised. Prior to the onset of construction, the Applicant must 

contact the BLM to establish appropriate protocols to follow in the event these animals are encountered.

Mitigation Measure DT-36: By January 31 of any year the proposed action is under construction and 

during its operation, the FRA must provide a report to the United States Fish and Wildlife Service

(USFWS) that provides details on the effects of the action on the desert tortoise. Within 60 days of the 

completion of the proposed action, the FRA must provide a summary report that provides, in addition to 

the following information, a complete overview of the amount of habitat disturbed and the number of 

desert tortoises that were taken. The Applicant shall furnish all of these reports to the FRA no less than 

15 days prior to the required USFWS submittal. These reports shall include information on any instances 

Biological Resources, continued.

Mitigation Measure DT-36, 

continued.

when desert tortoises were killed, injured, or handled, the circumstances of such incidents, and any 

actions undertaken to prevent similar instances from re-occurring. In addition, the reports should include

any recommendations that would facilitate the implementation of the protective measures while 

maintaining protection of the desert tortoise and the names of any monitors who assisted the authorized 

biologist and an evaluation of the experience they gained on the Project.

Mitigation Measure DT-37: Within 3 days of locating any dead or injured desert tortoises, the Applicant, in 

coordination with the FRA, shall notify the Ventura Office of the United States Fish and Wildlife Service by 

telephone (805 644-1766) and by facsimile (805 644-3958) or electronic mail. The report must include the 

date, time, and location of the carcass, a photograph, cause of death, if known, and any other pertinent 

information.

Mitigation Measure DT-38: The Applicant shall take care in handling dead desert tortoises to preserve 

biological material in the best possible state for later analysis. If desert tortoises are killed by Project

activities, the United States Fish and Wildlife Service will instruct the Applicant regarding the final 

disposition of the carcass.

General Mitigation Measures

Mitigation Measure BIO-1: Conduct Mandatory Environmental Awareness Training Program

The Applicant shall ensure all personnel working within the Project area attend an environmental 

awareness training program. The program shall be presented by authorized biologists and include 
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information on the life history of special-status species that may be encountered during construction 

activities, the legal protection for each species, the definition of “take” for listed species, measures to 

protect special-status species, reporting requirements, specific measures that each worker shall need to 

employ to avoid adverse effects to individual sensitive species, a detailed description of environmental 

Project commitments as described in the decision records (i.e. Record of Decision), right-of-way grants, 

and Biological Opinion, and penalties for violation of federal and state environmental laws.

Mitigation Measure BIO-2: Conduct Preconstruction Surveys and Install Environmental Fencing

The Applicant shall undertake preconstruction surveys for special-status species; these surveys shall be 

conducted by qualified biologists (ie, one or more third party contractor(s) approved by the the United 

States Fish and Wildlife Service (USFWS)) prior to the start of construction. Preconstruction surveys 

shall be tailored for specific species based on the species biology, natural history, and regulatory 

Biological Resources, continued.

Mitigation Measure BIO-2, continued. requirements. The locations for any individual or population of sensitive species within the limit of 

disturbance shall be documented with a GPS unit and reported to the state and federal regulatory

agencies. 

Mohave ground squirrel surveys are only valid for 12 months. Therefore, they shall be done no more than 

12 months prior to the start of construction in a particular area. If no Mohave ground squirrels are found 

during the surveys, no additional mitigation would be required.

Mojave fringe-toed lizard surveys shall occur no more than 24 hours prior to the start of construction. 

Surveys shall be conducted within the work area and a 100-foot buffer. Any Mojave fringe-toed lizards 

observed in the work area shall be allowed to move out of the work area. Those that become trapped in 

the work area shall be captured and moved to nearby suitable habitat outside of the work area.

Qualified biologists shall conduct preconstruction surveys for banded gila monsters no more than 24 

hours prior to the start of construction within all suitable habitat in Segments 3 and 4. Surveys shall be 

conducted within the work area and a 100-foot buffer. Any gila monsters observed within the work areas 

shall be allowed to move out of the work area and those that become trapped within the work area shall 

be carefully moved to nearby suitable habitat. The handler shall have the necessary permit from the 

California Department of Fish and Game (CDFG) to handle and move lizards.

Qualified biologists shall conduct preconstruction surveys for BLM-sensitive and Clark County multiplespecies habitat conservation plan (MSHCP) covered reptile species no more than 48 hours prior to the 

start of construction. Surveys shall be conducted within the work area and include a 100-foot buffer. Any 
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sensitive reptile species observed within the work areas shall be allowed to move out of the work area 

and those that become trapped within the work area shall be very carefully moved to nearby suitable 

habitat. 

The Applicant shall implement the following measures, to avoid disturbance of tree, shrub- or groundnesting special-status and migratory birds and raptors:

 If construction activities are scheduled to occur during the breeding season (generally between 

March 1 and August 15), a qualified wildlife biologist shall conduct focused nesting surveys 

within the appropriate habitat and an appropriate buffer distance up to 0.25 mile from the limit of 

Project disturbance for nesting raptors. 

 The focused surveys shall include tree- and shrub-nesting birds, ground-nesting birds, and cliffnesting birds. The surveys shall be conducted within the two-week period before initiation of 

construction activities in a particular area between March 1 and August 15. If no active nests are 

detected, then no additional mitigation would be required. 

Biological Resources, continued.

Mitigation Measure BIO-2, continued.  Follow-up surveys shall be required on a monthly basis during the breeding season. If surveys 

indicate that active nests are present in any areas that would be directly affected by construction 

activities, a no-disturbance buffer would be established around the site to avoid disturbance or 

destruction of the nest site until after a wildlife biologist determines that the young have fledged 

(usually late June to mid-July). The extent of these buffers shall be determined by a wildlife 

biologist in consultation with the California Department of Fish and Game (CDFG) in California 

and the Nevada Department of Wildlife (NDOW) in Nevada and will depend on the level of noise 

or construction disturbance, line of sight between the nest and the disturbance, ambient levels of 

noise and other disturbances, and other topographical or artificial barriers. These factors shall 

be analyzed to make an appropriate decision on buffer distances.

A qualified biologist shall conduct preconstruction surveys for active burrows according to CDFG 

guidelines for burrowing owl (1993 and 1995). The preconstruction surveys shall be conducted by a 

qualified biologist within the work area and include a 250-foot buffer and within the 2-week period before 

initiation of construction activities to locate active burrowing owl burrows. The preconstruction surveys 

shall include a nesting season survey and a wintering season survey the season immediately preceding 

construction. If no burrowing owls are detected, no further mitigation would be required.

Focused surveys for the presence of sensitive bat species shall be conducted in areas that provide 

suitable roosting or nursery habitat. If a roosting site is active and cannot be avoided, the Applicant shall 
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consult with a bat expert in conjunction with the CDFG in California and the NDOW in Nevada to develop 

appropriate exclusion methods. If it is determined that a nursery sites is active and cannot be avoided, 

construction activities that would disturb the nursing bats shall be delayed until the breeding cycles for the 

bats are completed. The Applicant shall consult with a bat specialist in order to determine when the 

breeding cycle for bats. The Applicant shall document the results of any exclusion or avoidance of 

roosting/nursery sites for bats.

Qualified biologists shall conduct preconstruction surveys for American badger no more than 48 hours 

prior to the start of construction. Surveys shall be conducted within the work area and a 100-foot buffer. 

Any American badgers observed in the work area shall be allowed to leave the work area. 

Construction activities conducted within suitable desert bighorn sheep habitat in the Mountain Pass area 

of the Project shall not occur during the period of the year when desert bighorn sheep are lambing (from 

January 1 to April 30). If construction activities must occur during the desert bighorn sheep lambing 

Biological Resources, continued.

Mitigation Measure BIO-2, continued. period, pre-construction surveys for lambing desert bighorn sheep shall be conducted prior to 

construction. If lambing desert bighorn sheep are found, then the Applicant shall consult with the BLM 

and the CDFG to identify appropriate avoidance measures.

Qualified botanists shall conduct preconstruction surveys for sensitive botanical species and invasive, 

non-native weed species prior to initiating construction of the Project. If sensitive botanical species are 

observed within the temporary construction area of effect, avoidance and minimization measures shall be 

applied by the Applicant. 

Temporary environmental fencing shall be installed around sensitive biological resources prior to the 

commencement of on-site Project construction in order to avoid unnecessary adverse effects to the 

resource. USFWS- and BLM-approved desert tortoise exclusionary fencing shall be erected by an 

authorized biologist within portions of the Project that occur in desert tortoise habitat. Temporary desert 

tortoise fencing shall be installed in areas of construction that are beyond the perimeter of the right-of-way 

or in areas where construction staging would occur. This includes fencing all work areas, temporary 

equipment and vehicle yards, and material staging and storage areas. Desert tortoise exclusionary 

fencing and clearance surveys shall be undertaken no more than 10 days prior to initiating construction 

activities. After installation of the temporary fencing, the entire Project area shall be surveyed for desert 

tortoises by an authorized biologist. Following the procedures and precautions outlined in the Desert 

Tortoise Council’s guidelines, all desert tortoise pallets and burrows within the survey areas shall be 

examined and excavated by hand, either by or under the direct supervision of an authorized biologist, and 
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unoccupied features collapsed to prevent re-entry. After installation, the fence shall be regularly 

inspected to ensure its integrity. Desert tortoise encountered during preconstruction surveys shall be 

relocated off the Project ROW based on a USFWS, BLM, and CDFG-approved Project-specific Desert 

Tortoise Relocation Plan. At a minimum the Desert Tortoise Relocation Plan shall require the desert 

tortoises found within the Project area be removed to undisturbed areas beyond the construction site and 

relocated within their own territory where they may be familiar with alternate burrows. If no natural 

burrows are available, artificial burrows shall be created following the Desert Tortoise Council’s 

guidelines. Only biologists authorized by the USFWS shall handle desert tortoises and shall follow the 

guidelines established by the Desert Tortoise Council. 

The Applicant shall install and maintain permanent exclusionary fencing along the open portion of the rail 

alignment in areas of suitable bighorn sheep habitat. The fencing shall be constructed to ensure that 

bighorn sheep cannot access the rails or any culverts/tunnels. In addition, prior to initiating construction, 

Biological Resources, continued.

Mitigation Measure BIO-2, continued. temporary exclusionary fencing shall be placed around all sensitive botanical species that occur within the 

temporary construction areas. These areas shall be signed for avoidance by construction equipment and 

personnel.

Mitigation Measure BIO-3: Conduct Construction Monitoring

The Applicant shall implement the following measures during Project construction: 

 Qualified biologists shall be on site during any construction activity within or near special-status 

species habitat to ensure the implementation and compliance of environmental commitments 

and avoidance measures. 

 The qualified biologist shall have the authority to stop work if dangers to desert tortoises or other 

special-status wildlife species arise and allow work to proceed after the hazard has been 

removed. The United States Fish and Wildlife Service (USFWS) Southern Nevada and Ventura 

Ecological Services Offices, BLM Field Offices and the California Department of Fish and Game 

(CDFG) must be notified of any desert tortoise injury or death resulting from Project-related 

activities. In addition, the USFWS Division of Law Enforcement shall also be notified in 

accordance with reporting requirements. 

 As part of the monitoring, the biologists shall check construction areas immediately before 

construction activities each day to ensure that no special-status wildlife species have moved into 

the construction area. If tortoises are discovered within the construction area they shall be 
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relocated by an authorized biologist based on the Desert Tortoise Relocation Plan. 

 All construction activities shall be confined to the designated work areas. Grubbing of vegetation 

shall only be to the extent necessary for construction and shall be limited to areas designated for 

that. An authorized biologist(s) shall be present during all initial brushing or grading activities 

within the Project area. Overnight parking and storage of equipment and materials would be 

limited to previously disturbed areas or areas identified in the BLM right-of-way grant. 

 All vehicle traffic shall be restricted to existing roads or land management agency approved 

newly constructed roads. The Applicant shall ensure that cross-country travel for construction 

purposes outside of the areas of desert tortoise fencing is prohibited.

 Construction vehicles within sensitive species habitat shall not exceed 15 miles per hour.

Biological Resources, continued.

Mitigation Measure BIO-3, continued.  A litter-control program shall be implemented during construction. The program shall include the 

use of covered, raven-proof trash receptacles, daily removal of trash from work areas to the 

trash receptacles, and proper disposal of trash in a designated solid waste disposal facility. 

Precautions shall also be taken to prevent trash from blowing out of construction vehicles.

 No pets or firearms shall be permitted in the work area.

 Both pre- and post-construction photographs shall be taken to document sensitive habitat 

conditions within the limits of Project disturbance.

Mitigation Measure BIO-4: Avoid the Dispersal of Invasive, Non-Native Weed Species into Uninfested 

Areas

To avoid the introduction or spread of invasive, non-native weed species into uninfested areas, the 

Applicant shall incorporate the following measures into the Project plans and specifications:

 Use only certified, weed-free, imported erosion-control materials (or rice straw in upland areas).

 Coordinate with BLM field offices and the NPS to ensure that the appropriate best management 

practices (BMPs) are implemented.

 Educate construction supervisors and managers on weed identification and the importance of 

controlling and preventing the spread of invasive, non-native weed species.

 Clean equipment at designated wash stations before and after entering the Project construction 

area.

 An invasive, non-native weed species survey of the Project right-of-way, including temporary 
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work areas, shall be completed prior to initiating Project construction. All areas disturbed by the 

Project shall be surveyed using approximately 30-foot meandering transects. Populations of 

invasive, non-native weed species shall be identified and mapped using global positioning 

systems (GPS).

 Develop an approved Invasive Weed Species Monitoring and Treatment Plan to detect and treat 

any noxious invasive, non-native weed species in the construction area. The plan shall include 

methods for monitoring, treating and reporting invasive, non-native weed species infestations 

within the construction area. The Invasive Weed Species Monitoring and Treatment Plan shall 

be drafted and submitted to the BLM prior to initiating construction as part of the BLM ROW 

grant requirements.

Biological Resources, continued.

Mitigation Measures BIO-5: Confine Construction Equipment to a Designated Work Zone (Including 

Access Roads) at Each Project Site

The Applicant shall, clearly stake and flag the work zone prior to construction. During the environmental 

training program, construction personnel shall be informed about the importance of avoiding grounddisturbing activities outside the designated work area. During construction, the construction monitors and 

resource monitors shall ensure that construction equipment and associated activities avoid any 

disturbance of native vegetation and sensitive resources outside the designated work zones. Contaminant 

run-off shall be contained within the temporary construction boundaries and clean-up efforts shall be 

initiated immediately. Clean-up procedures shall be coordinated with the responsible agency to insure 

additional resource damage does not occur.

Mitigation Measure BIO-6: Reestablish Preconstruction Site Conditions to Allow Revegetation

The Applicant shall restore disturbed areas of native vegetation to preconstruction site conditions. To 

ensure that effects on native plant species and communities are not long-term, the Applicant shall 

stockpile and immediately replace native topsoil within the Project right-of-way, and reestablish natural 

site topography (including necessary amendments to soil structure) to allow natural colonization of plant 

species. 

In both California and Nevada, the Applicant shall relocate all succulents within the limits of disturbance to

undeveloped BLM-administered public lands or maintain them within a temporary nursery (located within 

the right-of-way) and replant within the ROW as part of site restoration activities.

In areas that require immediate stabilization, non-vegetative techniques that allow native species to 
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reestablish can be used, including use of weed- and disease-free mulch, erosion blankets, or rolled 

organic fiber material.

Erosion control seed mixes may be necessary on selected sites. If sites need to be stabilized through

seeding, the seed mix would be composed entirely of native and locally occurring species appropriate for 

stabilizing local site conditions. All seed mixes shall be approved by the BLM, NPS, and CDFG prior to 

initiating restoration activities. Special attention shall be given to erosion control near ephemeral 

drainages and within playas.

The Applicant shall determine site-specific erosion control measures (non-vegetation or mechanical 

techniques) in consultation with a vegetation specialist and Project engineer.

Biological Resources, continued.

Mitigation Measure BIO-7: Retain and Stockpile Topsoil

The Applicant shall remove native topsoil from areas of permanent disturbance and stockpile within the 

right-of-way. To avoid altering local hydrologic conditions or flood flows, spoils materials shall not be 

placed in sensitive habitat areas or within or adjacent to ephemeral drainages. Prior to disturbance, 

native topsoil shall be excavated and stockpiled for later reapplication in native vegetation areas. 

Separate stockpiling areas shall be identified and clearly marked for each different vegetation type as 

appropriate. The exact depths shall be determined for each native vegetation type and depend upon the 

stratigraphy and soil profiles (estimated to be 6-12 inches in depth). The excavated soil depths shall 

exceed the restored soil depths to allow for soil compaction during placement. The stockpiled soil shall 

not be covered to minimize damage to propagation material from heated soil conditions but it shall be 

protected from construction activity and signed to identify it as a protected resource.

Mitigation Measure BIO-8: Restore Natural Site Topography

The Applicant shall be responsible for restoring the natural site topography to pre-Project contours. The 

restored topography shall mimic the pre-Project condition to the greatest extent possible. Minor 

modifications may be required to conform with post-Project site condition. Construction area soil 

compaction shall be treated using grubbing, raking, and other BLM-approved soil decompaction 

techniques as part of the Project restoration. Proper compaction of the subsurface material and plow 

furrows is necessary to help prevent surface and subsurface migration of water along the plow or trench 

furrow, and to prevent trench settlement. The reapplied topsoil in the right-of-way shall be left in 

roughened condition to facilitate the establishment of vegetation and reduce the potential for erosion. 

Excessive passes of finish grading equipment that would compact topsoil shall be avoided. Upon 

completion of the grading operations, no further vehicular traffic shall be allowed, other than necessary 
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mitigation planting equipment. 

Mitigation Measure BIO-9: Implement Erosion Control Measures as Appropriate

The Applicant shall prepare and implement an erosion control and restoration plan to control short-term 

and long-term erosion and sedimentation effects and to restore soils and native vegetation in areas 

affected by construction activities. The plan shall include requirements of applicable erosion control 

ordinances and grading permits and shall implement best management practices (BMPs) for erosion and 

sediment control as necessary. The erosion control plan shall be drafted and submitted to the BLM prior 

to initiating construction as part of the BLM right-of-way grant requirements.

Biological Resources, continued.

Mitigation Measure BIO-9, continued. In areas that require immediate stabilization, non-vegetative techniques that allow native species to 

reestablish can be used, including use of weed- and disease-free mulch, erosion blankets, or rolled 

organic fiber material. The use of such measures shall be identified in the Stormwater Pollution and 

Prevention Plan (SWPPP) for the Project or recommended by a soil or civil engineer based on slope, soil 

type, or other site factors as necessary and may be required later in the design phase.

Mitigation Measure BIO-10: Obtain a Tree or Plant Removal Permit from San Bernardino County and the 

Nevada Division of Forestry

The Applicant shall obtain a Tree or Plant Removal Permit from San Bernardino County and the Nevada 

Division of Forestry This permit is issued in compliance with San Bernardino County Development Code 

Subsection 88.01.050 for removal of regulated plants. The Applicant shall comply with all provisions of 

the Permit. A permit shall be required from the Nevada Division of Forestry and/or the BLM in order to 

relocate succulents within the Project alignment. The Applicant shall also comply with the California 

Desert Native Desert Plants Act, consistent with pertinent BLM regulations.

Mitigation Measure BIO-11: Compensate for the Loss of Sensitive Vegetation Communities

The Applicant shall compensate for the loss of Sensitive Vegetation Communities prior to initiating 

construction. Compensation ratios shall be based on site-specific information and determined through 

coordination with state and federal agencies (the California Department of Fish and Game (CDFG), the 

United States Army Corps of Engineers (USACE) and the BLM). This site-specific information will 

supplement the executed studies for the Project, including the 2010 botanical survey in California near 

Mountain Pass investigating the area where Segment 4C, if constructed, would be located. 

Compensation should be provided at a minimum 1:1 ratio (1 acre restored or created for every 1 acre 

removed/disturbed) and may be a combination of onsite restoration/creation, offsite restoration, or 
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mitigation credits. The Applicant shall develop and implement a restoration and monitoring plan that 

describes enhancement of sensitive communities, creation, and monitoring over a select time period. 

Mitigation Measure BIO-12: Conduct Preconstruction Surveys and Identify Sensitive Areas

The Applicant shall mark specific areas of important riparian vegetation shall be marked with orange 

fencing and the limits of disturbance narrowed to reduce effects to sensitive vegetation where the rail 

alignment crosses the Mojave River,

Biological Resources, continued.

Mitigation Measure BIO-13: Avoid Known Special-Status Plant Populations During Project Design

To the extent possible, the Applicant shall design the Project to avoid special-status plant populations, 

updating design-build Project plans accordingly. The Applicant shall comply with the minimum survey 

and mitigation standards as required by BLM Manual 6840-1. Where avoidance is infeasible, the 

Applicant shall focus on minimizing the width of construction work areas in and around special-status 

plant populations. Before construction, special-status plant populations shall be demarcated with 

temporary orange construction fencing and posted as a restricted area. Depending on the proximity of 

the populations to the construction work area, populations shall be monitored to ensure adverse effects 

on special-status plant populations are avoided. If effects on special-status plant populations are 

unavoidable, the Applicant shall implement Mitigation Measure BIO-14..

Mitigation Measure BIO-14: Compensate for Adverse Effects on Special-Status Plant Populations

If effects on a special-status plant population are unavoidable, the Applicant shall coordinate with the 

United States Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG)

to determine the appropriate mitigation strategy. If affected plants are listed under the federal

Endangered Species Act (ESA), the appropriate take permits would be obtained from USFWS. Currently 

accepted mitigation of effects on special-status plants includes acquisition and preservation of nearby 

occupied habitat, or habitat creation at a ratio determined by the regulatory agency. Transplantation of 

affected populations is not considered a viable mitigation option. Creation of habitats with high levels of 

endemism, such as vernal pools, is effective only with stringent agency management guidelines. The 

Applicant shall coordinate with the USFWS to develop an effective mitigation and monitoring plan for 

specific vernal pool plants in conjunction with the construction of compensatory vernal pool habitat. 

Alternatively, the Applicant could acquire and preserve nearby high-quality occupied habitat, with the 

Applicant responsible for the long-term habitat management.

Mitigation Measure BIO-15: Prepare a Desert Tortoise Relocation Plan
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The Applicant shall develop a Desert Tortoise Relocation Plan in conjunction with the United States Fish 

and Wildlife Service (USFWS) Southern Nevada and Ventura Ecological Services Offices, the BLM, the 

NPS, and the California Department of Fish and Game. The relocation plan shall outline procedures and 

protocols to follow when tortoises need to be relocated out of the areas of disturbance. The relocation 

plans shall include: 

 Clearance procedures for construction areas; 

 Relocation procedures;

Biological Resources, continued.

Mitigation Measure BIO-15, 

continued.

 Procedures for determining the health of tortoises;

 Relocation areas;

 Methods that shall be used to manage and protect relocation areas;

 Monitoring for short and long term success of the plan; and 

 Permitted activities.

Mitigation Measure BIO-16: Prepare Final Mitigation Monitoring Report

The Applicant shall ensure that no more than 90 days after the completion of construction, the monitoring 

biologists prepare a report for the United States Fish and Wildlife Service (USFWS), the BLM, and 

appropriate state agencies. The report shall include the effectiveness of mitigation measures, the results 

of preconstruction and construction monitoring including the number of desert tortoises excavated and 

moved.

Mitigation Measure BIO-17: Implement Mitigation Measures Outlined by the Regional USFWS Ecological 

Services Office to Protect Desert Tortoises

The Applicant, in accordance with the United States Fish and Wildlife Service (USFWS) guidance, shall 

pay mitigation fees for disturbance to Desert Tortoise habitat on BLM administered public lands in 

Nevada.

Mitigation Measure BIO-18: Compensate for the Permanent Loss of Desert Tortoise Habitat

The Applicant shall provide compensation for the permanent loss of desert tortoise habitat. 

Compensation for loss of habitat in California shall be provided by the Applicant according to 

requirements of the BLM, the United States Fish and Wildlife Service (USFWS), and the California 

Department of Fish and Game (CDFG). Current requirements for loss of desert tortoise habitat are based 

on a formula of 5:1 inside Desert Wildlife Management Areas (DWMAs) and 1:1 outside of DWMAs. For 
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the purposes of the Project, changes to the compensation formula must be reviewed and approved by the 

USFWS, the NPS, and the CDFG. 

For Project-related loss of habitat in Nevada, the Applicant shall follow the mitigation measures outlined 

by the Regional USFWS Ecological Office for the protection of desert tortoises.

Biological Resources, continued.

Mitigation Measure BIO-19: Construct Exclusion Fencing, Culverts, and Wildlife Crossings

The Applicant shall install culverts under the proposed railroad line that match existing I-15 or Union 

Pacific Railroad (UPRR) culverts. Where the Project deviates from existing transportation facilities, the 

Applicant shall install culverts adequately designed to serve as wildlife crossings at natural drainage 

features and at appropriate intervals to allow for wildlife passage, including, but not limited to, desert 

tortoises and other wildlife to pass under the proposed rail alignment. The Project design shall ensure 

flow for natural drainages equal to or greater than four feet in width (as measured by the distance 

between the ordinary high water mark on each side of the drainage) during Project construction or 

operation in order to reduce potential effects to wildlife movement, including, but not limited to, desert 

tortoise and desert bighorn sheep. The culverts and fencing would be designed and spacing determined 

through coordination with the United States Fish and Wildlife Service (USFWS), the NPS, the BLM, the 

California Department of Fish and Game (CDFG), the Nevada Department of Wildlife (NDOW), and the 

United States Environmental Protection Agency (EPA) to ensure they meet agency wildlife standards. 

Exclusion fencing would be constructed parallel to the rail line and would direct tortoises and other wildlife 

species to the culverts.

Mitigation Measure BIO-20: Compensate for the Permanent Loss of Mohave Ground Squirrel Habitat

If Mohave ground squirrels are determined to be present in the Project area, the Applicant shall purchase 

compensatory lands to mitigate for the permanent loss of suitable habitat. Acreage of suitable habitats 

that shall be permanently affected by the segments alignments, associated stations, and operation and 

maintenance facilities was presented in Draft EIS Table 3.3-11. The mitigation ratios and the location of 

the compensatory lands shall be determined through coordination with the California Department of Fish 

and Game (CDFG) pursuant to Section 2081.

Mitigation Measure BIO-21: Avoid Active Burrows or Passively Relocate Owls

If burrowing owls are detected within 250 feet of proposed construction within the Project area, the 

Applicant shall implement the following measures:

 Occupied burrows shall not be disturbed during the nesting season (February 1 through August 
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31).

 If avoidance is the preferred method of dealing with potential effects, no disturbance shall occur 

within 160 feet of occupied burrows during the non-breeding season or within 250 feet during the 

breeding season. 

Biological Resources, continued.

Mitigation Measure BIO-21, 

continued.

If destruction of occupied burrows is unavoidable during the non-nesting season (September 1–January 

31), passive relocation techniques (e.g., installing one-way doors at burrow entrances) shall be used 

instead of trapping and active relocation. At least one week will be necessary to accomplish passive 

relocation and allow owls to acclimate to alternate burrows. Unsuitable burrows that will not be destroyed 

in the vicinity of the Project shall be enhanced (enlarged or cleared of debris).

Section 4(f) Resources

None required.

Source: Circlepoint, 2011.